Back
SHAMIM AHMED
Mantu Verma Alias Vivek Verma – Appellant
Versus
State of Uttar Pradesh Thru. Its Prin. Secy. Home – Respondent
JUDGMENT :
1. Heard Shri Atul Verma, the learned counsel for the appellant as well as Mrs. Nisha Srivastava, learned counsel for the opposite party No.2 and Sri Ashok Kumar Srivastava, the learned A.G.A. for the State-opposite party No. 1 and perused the entire record.
2. The pleadings have been exchanged between the parties.
3. The present criminal appeal under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred against the impugned order dated 15.01.2022 passed by the Special Judge Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Barabanki in Bail Application No.146 of 2022 ( Mantu Verma Alias Vivek Verma Vs. State of U.P.), arising out of Case Crime No.722/2021, under Section 302, 120 B I.P.C. and Section 3 (2) (v) SC/ST Act, Police Station Kotwali Nagar, District Barabanki, whereby the bail application of the appellant has been rejected.
4. Learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in the present case. The entire prosecution story is false and fabricated and lodged only with the intention to falsely implicate the appellant.
5. Learned counsel for t
The main legal point established in the judgment is the consideration of the credibility of allegations, the period of detention undergone, and the unlikelihood of an early conclusion of the trial in....
The main legal point established in the judgment is the requirement of direct evidence and the absence of convincing material indicating tampering with evidence in considering bail applications under....
The central legal point established in the judgment is that the lack of corroboration in the medical report, absence of evidence regarding the alleged video clip, and the appellant's detention period....
The main legal point established in the judgment is the interpretation of consent and promise of marriage in cases of sexual assault under the SC/ST Act and IPC.
The decision emphasized the importance of considering the nature of evidence, period of detention, and absence of convincing material in bail applications, in line with the principles of Article 21 o....
The judgment establishes that a person may act in self-defense when faced with an imminent threat, and the absence of mens rea is crucial in determining the appropriate charges under IPC.
The delay in filing the FIR, pending civil disputes, and the appellant's criminal history were considered in granting bail under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
