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SHAMIM AHMED
Sunil Kumar Yadav – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
(Shamim Ahmed, J.)
1. Case is taken up in the revise call.
2. Today when the case is taken up, no counter affidavit has been filed on behalf of opposite party No.2, as such, it appears that opposite party No.2 is not interested in filing counter affidavit in this case. Since the matter pertains to bail and learned counsel for the appellant presses urgency in the matter, therefore, this Court has no other option but to proceed for final arguments to decide the present appeal.
3. Heard learned counsel for the appellant, learned Counsel for opposite party No.2 and Sri Ashok Kumar Singh, learned A.G.A-I for the State and perused the entire record.
4. This Criminal Appeal under Section 14-A (ii) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been preferred against the impugned order dated 19.10.2020 passed by learned Special Judge, SC/ST Act, Hardoi in Bail Application No.1742 of 2020 relating to Case Crime No.464 of 2019 under Sections 302, 201 and 363 I.P.C. and Section 3(2) (5) of SC/ST Act, Police Station-Atrauli, District-Hardoi by which the bail application of the appellant has been rejected.
5. Learned counsel for the appellant submits that th
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 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....
Point of Law : Grant of bail considering the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing materi....
Point of Law : Grant of Bail - Considering facts and circumstances of this case, including the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of t....
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 power under Section 319 Cr.P.C. should be exercised sparingly and only when strong and cogent evidence occurs against a person.
The court determined that the appellant's alleged actions did not constitute an offence under the SC/ST Act, allowing bail based on the consensual nature of the relationship and errors in the trial C....
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