SURESH KUMAR GUPTA
Satish Verma – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
1. Heard Shri Hemant Kumar Mishra, learned counsel for appellant, learned AGA as well as Shri Abhishek Misra, learned counsel for respondent and perused the record.
2. This appeal has been preferred under Section 14 (A) (2) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 against impugned order dated 13.09.2021 passed by Special Judge, (SC/ST Act), Lucknow in bail application 5852 of 2021 arising out of Case Crime No. 575 of 2019, under Sections 406, 419, 420, 448, 323, 354, 504, 506, 120-B IPC and Sections 3(1) r s & 3(2)(va) of SC/ST Act, Police Station-Wazirganj, District-Lucknow, whereby the bail application of the appellant/applicant has been rejected.
3. Learned counsel for appellant submits that the first informant lodged the FIR on 09.10.2019 with allegation that the first informant purchased the plot from Parvatiya Sahkari Awas Samiti in the year 2008 situated in Village Nizamuddinpur, Tehsil and District Lucknow. The real owner of the plot bearing Khasra No.2 was Moharram Ali, who had already sold the whole area of Khasra no.2 to the Samiti by registered sale deed. After death of Moharram Ali, land grabber-appellant by hatching consp
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The court emphasized the importance of prima facie evidence and the requirement for custodial interrogation in determining the grant of anticipatory bail.
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