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NALIN KUMAR SRIVASTAVA
Subash Chandra Srivastava (In person) – Appellant
Versus
State Of U. P Through Secretary Home – Respondent
JUDGMENT :
(Hon'ble Nalin Kumar Srivastava, J.)
1. Heard the appellant in person, learned A.G.A. for the State as well as learned counsel for the respondent no.2 and perused the material available on record.
2. This criminal appeal under Section 14-A (2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant -Subash Chandra Srivastava (In person) with the prayer to cancel/quash the bail granted to the respondent no.2 vide order dated 1.1.2020 passed by the Special Judge, S.C./S.T. (P.A.) Act, Padrauna, Kushinagar in Special Trial No.492 of 2019 (State Vs. Raju @ Sunil Kumar Srivastava) arising out of case crime no.436 of 2019 under sections 323, 504, 352, 427 IPC and 3 (1) (r) S.C./S.T. (P.A.) Act, Police Station Kotwali Padrauna, District Kushinagar.
3. The factual aspect of the matter, as revealed from the perusal of the F.I.R. of this case, is that 3 named accused persons along with 3 -4 other unknown associates were present on the place of occurrence and co-accused Sunil @ Raju was making a puncture in the vehicle of the informant. When it was protested by the informant and his friend Ram Narain Mushar, they were threatened an
The court established that victims of crimes under the Atrocities Act have a statutory right to be notified and heard in bail proceedings, reinforcing the importance of their participation in the cri....
The court emphasized the importance of following the mandatory requirements under Sec. 15-A of the Atrocities Act, which safeguards the rights of victims of caste-based atrocities and witnesses, incl....
Mandatory requirement of issuing notice to the complainant/victim/informant in bail applications under specific sections of IPC and POCSO Act, and the need for effective compliance with legal provisi....
Bail under SC/ST (POA) Act mandates notice to the victim's dependents, ensuring their participation in bail proceedings is essential for justice.
Point of Law : When there is an apprehension in the mind of a party approaching the court that fairness of hearing be undermined, this court is empowered to transfer the proceeding.
Rule 14. Specific responsibility of the State Government - (1) The State Government shall make necessary provisions in its annual budget for providing relief and rehabilitation facilities to the vict....
The court established that compliance with victim notification rights under the SC/ST (POA) Act is mandatory, and failure to do so invalidates bail orders.
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