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ARUN KUMAR SINGH DESHWAL
Taqdeer Husian – Appellant
Versus
State Of U. P. Thru. Addl. Chief Secy. Deptt. Of Home, Lko. – Respondent
Headnote: Read headnote
JUDGMENT :
1. Heard Sri Dharmendra Kumar Mishra, learned counsel for the appellant, learned AGA for the State and Sri Pavan Kumar Mishra, Advocate holding brief of Srees Kumar Srivastava, learned counsel for the first informant.
2. Present appeal has been filed for setting aside the impugned order dated 06.07.2022 passed by Special Judge (S.C./S.T. Act)/Additional Sessions Judge, Court No.2, Unnao in Bail Application No. 1413 of 2022 arising out of Case Crime No. 621 of 2019, under Sections 452, 376, 511, 323, 506 IPC and 3(1)Da, Dha of SC/ST Act, Police Station-Ganga Ghat, District Unnao.
3. Contention of learned counsel for the appellant is that though there is allegation of beating but there is no visible injury on the person of opposite party no.2. It is further submitted that version of the FIR is different from the version of statement recorded under Section 164 Cr.P.C. and impugned FIR is malicious as prior to above incident at the house of opposite party no.2 one Raj
The court considered discrepancies in the victim's statements, additional relevant material, and the delay in trial in allowing the appeal and granting bail to the appellant.
The court's discretion in granting bail is based on the nature of the accusation, severity of punishment, and the accused's criminal antecedents.
Recall of bail – Impending marriage of accused is not a ground for grant of bail.
The judgment emphasizes the importance of personal liberty and the need for overwhelming circumstances to cancel bail, highlighting the careful consideration of relevant materials before granting bai....
The court's decision was influenced by the change in the prosecutrix's statement and the expected lengthy trial duration in granting bail to the accused-appellant.
The court's decision was based on the lack of evidence supporting the assault allegations, the non-appearance of the victim, and the absence of injuries, leading to the enlargement of the accused on ....
The court's decision was influenced by the interpretation of the victim's statements recorded under different sections of Cr.P.C. and the completion of the investigation against the appellant, leadin....
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