Arif vs State Of U.P. And Another
2024 Latest Caselaw 36180 ALL

Allahabad High Court

Arif vs State Of U.P. And Another on 5 November, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:173027
 
Court No. - 83
 

 
Case :- CRIMINAL APPEAL No. - 8422 of 2024
 

 
Appellant :- Arif
 
Respondent :- State of U.P. and Another
 
Counsel for Appellant :- Syed Ali Imam
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ms. Nand Prabha Shukla,J.
 

This is a revised call. No one appears for the opposite party no. 2 despite service of notice.

Heard learned counsel for the appellant, learned AGA for the State and perused the record.

The present criminal appeal under Section 14-A (2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed against the bail rejection order dated 19.07.2024 passed by learned Additional Session Judge/Special Judge (SC/ST Act) Meerut in Bail Application No. 4062 of 2024 (Aarif and others vs. State of U.P.) arising out of Case Crime No. 0264 of 2024 under Sections 147, 148, 307, 504, 506 IPC and Section 3(2)(v) of SC/ST Act, Police Station Mawana, District Meerut.

It has been submitted by learned counsel for the appellant that no specific role of causing injury has been assigned to the appellant. However, the injured in his statement recorded under Section 161 Cr.P.C. has attributed the main role of causing injury to the accused-appellant with a sharp edged weapon/Balkatti but the same is not corroborated with the medico legal report. It was further submitted that the injuries caused to the injured are not grievous in nature. It was also submitted that nothing incriminating article has been recovered from the possession of the appellant.

Per contra, learned A.G.A. has vehemently opposed the prayer for bail and stated that in this case, specific role of causing injury with Balkatti has been assigned to the appellant. The said weapon (Balkatti) has been recovered from the possession of the appellant. Learned AGA has also asserted that the said weapon if used from the blunt side can cause lacerated wound and abraded contusion.

Considering the aforesaid submissions made by the learned counsel for the parties and on perusal of record and the judgment passed by learned Trial Court as well as the role ascribed, there is no good ground to enlarge the appellant on bail.

Accordingly, the Criminal Appeal is dismissed.

Order Date :- 5.11.2024

Puspendra