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SHAMIM AHMED
Dhirendra – Appellant
Versus
State Of U. P. Thru. Prin. Secy. Home Lko. – Respondent
JUDGMENT :
1. Heard Shri Suhail Kashif along with Shri Sudhir Kumar, the learned counsels for the appellant as well as Shri Ashok Kumar Singh, the learned A.G.A. for the State-opposite party No. 1 and perused the entire record.
2. This Court vide order dated 19.07.2022 while issuing notice to the opposite party No. 1 has already granted time to the learned A.G.A. to file counter affidavit.
3. As per the office report dated 03.08.2022 notice has already been served upon the opposite party No. 2 but till date neither any counsel has appeared on behalf of opposite party No. 2 nor counter affidavit has been filed on her behalf. Even no counter affidavit has been filed on behalf of State till date. It appears that learned A.G.A. as well as opposite party No. 2 are not interested to file any counter affidavit.
4. In the above circumstances, as the matter pertains to bail this Court has no option but to proceed for final arguments to decide the present appeal.
5. The present criminal appeal under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred against the impugned orders dated 05.05.2022 and 05.07.2022 passed by the court of learned Spec
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 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 established the principle that the right to individual liberty must be balanced with the interest of society, especially when there is prolonged detention without commencement of trial a....
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 legal principle established is that a lack of clear evidence linking an appellant to a crime can warrant bail despite serious charges.
The main legal point established in the judgment is that the provisions of Section 3 of the Act of 2021, which prohibit conversion from one religion to another by use of misrepresentation, force, und....
The central legal point established in the judgment is the proper interpretation and application of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocity) Act, 1989, particularly in relatio....
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.
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