RAHUL CHATURVEDI
Sanni Singh – Appellant
Versus
State Of U P – Respondent
JUDGMENT :
Rahul Chaturvedi, J.
1. Heard Sri Manish Gupta, learned counsel for the appellant, Sri M.S. Arya, Advocate connected virtually from Delhi assisted by Sri Arvind Kumar, learned counsel for the complainant as well as Sri Satendra Tiwari, learned A.G.A for the State and perused the record.
2. This criminal appeal under Section 14 A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "S.C./S.T. Act") has been filed for setting-aside the impugned order dated 15.09.2021 passed by learned Special Judge, SC/ST Act/Additional Session Judge, Gorakhpur in Bail Application No. 4107 of 2021, arising out of Case Crime no.291 of 2021, under Sections 302 , 307, 506, 120B IPC I.P.C. and Section 3(2)(V) of SC/ST Act, Police Station-Gola, District-Gorakhpur.
3. Pleadings between the parties have been exchanged and the matter is ripe for final submissions.
4. Submission made by the learned counsel for the applicant drawing the attention of the Court to the FIR lodged by Anis Kumar for the incident dated 24.07.2021 the present FIR was lodged on 25.07.2021 at 2.45 hours against as many as 17 named accused persons and four persons on two motorcycles.
5. The lon
The court emphasized the principle of parity in bail applications, allowing bail when co-accused with similar roles have been granted bail, highlighting the absence of evidence suggesting tampering.
The court established that the bar on bail under the Atrocities Act does not apply to applications made under Sec. 439 of the CrPC, and emphasized the importance of distinguishing between instigation....
The court granted bail to accused-appellants based on lack of direct evidence, prolonged custody, and the nature of charges, emphasizing the need for a fair trial.
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