Rajkumar vs State Of U.P. And Another
2021 Latest Caselaw 6220 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 77
 

 
Case :- CRIMINAL APPEAL No. - 1481 of 2021
 

 
Appellant :- Rajkumar
 
Respondent :- State of U.P. and Another
 
Counsel for Appellant :- Azad Khan,Dharmendra Kumar Yadav,Mohan Lal Pandey
 
Counsel for Respondent :- G.A.,Dinesh Kumar Singh
 

 
Hon'ble Pankaj Bhatia,J.

Despite notice, no one has put in appearance on behalf of the appellant.

Heard counsel for the parties and perused the record.

The present appeal under Section 14-A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been filed against the order dated 18.2.2021 whereby the bail application filed by the appellant has been rejected.

Counsel for the appellant argues that the appellant is innocent and has been falsely implicated. He further argues that the appellant is in custody since 18.2.2021 and the material on record contains inherent inconsistencies. As regards criminal history, counsel for the appellant argues that in one of cases, the appellant has been enlarged on bail and in other case, investigation is going on.

I have perused the record and without going into the merits of the contention that has been made and considering the nature of the allegation, and the fact that the appellant is in custody since 18.2.2021 and that there is nothing on record to demonstrate that if the appellant is enlarged on bail, it would affect the trial adversely, the appellant deserves to be released on bail.

The appeal is, accordingly, allowed and the impugned judgment and order dated 18.2.2021 passed in Criminal Misc. Bail Application No. 198 of 2021 is set aside. Let the appellant Rajkumar involved in Case Crime No. 71 of 2020, under Sections 147, 148, 323, 324, 504, 506 IPC and 3 (2) (va), 3 (1)(r) and 3 (1) (s) of SC/ST Act, Police Station Babhani, District Sonbhadra be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-

1. The appellant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

2. The appellant will not tamper with the witnesses.

3. The appellant will not indulge in any illegal activities during the bail period.

4. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.

5. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

Order Date :- 14.6.2021

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