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2021 Supreme(All) 1706

RAHUL CHATURVEDI
Anshu Gupta – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant : Adarsh Kumar.

JUDGMENT :

[Rahul Chaturvedi, J.]

1. Heard Shri Adarsh Kumar, learned counsel for the appellant as well as Shri Ghanshyam Kumar, learned A.G.A for the State and perused the record.

2. This criminal appeal under Section 14 A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short ''S.C./S.T. Act'') has been filed targeting the bail rejection order dated 5.12.2020 passed by learned Special Judge, SC/ST Act, District Kanpur Nagar in Bail Application No. 3807 of 2020 (Anshu Gupta v. State of U.P) arising out of Case Crime No. 559 of 2020, under Sections 376, 504, 506 I.P.C. and Section 3(2)5 of SC/ST Act, Police Station-Maharajpur, District-Kanpur Nagar. The appellant is in jail since 10.10.2021.

3. Office report dated 4.8.2021 indicates that as per report of C.J.M., Kanpur Nagar dated 8.1.2021, the notices were duly served upon opposite party No. 2 personally but she has neither engaged any counsel nor filed any counter-affidavit.

4. Learned A.G.A. has filed counter-affidavit, which is taken on record. Learned counsel for the appellant does not want to file rejoinder-affidavit and wants to argue the case on merits. Under circumstances, with the help

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