RAHUL CHATURVEDI
Suresh Yadav @ Suresh Kumar Yadav – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. overview of the appeal and parties involved. (Para 1 , 2 , 3 , 4) |
| 2. state's non-participation in the proceedings. (Para 5) |
| 3. allegations and prior accusations against the victim. (Para 6 , 7) |
| 4. defense's arguments regarding medical examination and possibility of false claims. (Para 8 , 9 , 10) |
| 5. conditions set for grant of bail and considerations for safety. (Para 11 , 12 , 13 , 14) |
| 6. bail granted and previous order set aside. (Para 15) |
JUDGMENT :
Rahul Chaturvedi, J.
(Criminal Misc. Bail Application No.... of 2021)
1. Heard Ms. Swati Agrawal Srivastava, learned counsel for the appellant as well as learned A.G.A for the State and perused the record.
2. This criminal appeal under Section 14 A (2) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "S.C./S.T. Act") has been filed assailing the legality and validity of the impugned order dated 21.10.2021 passed by the learned Special Judge (SC/ST Act)/Additional Sessions Judge, Allahabad while rejecting the Bail Application No.6263 of 2021 (State vs. Dinesh Yadav @ Michai Yadav and others) in Case Crime No.780 of 2021, under Sections 328 , 343, 376-D, 504, 506 I.P.C. and Section 3(2)
The court found the trial court's rejection of bail to be flawed, allowing bail based on inconsistencies in the prosecution's case.
The court addressed the nuances of bail under the Scheduled Caste and Scheduled Tribes Act, emphasizing the balance between rights of the accused and protection of victims.
The Court's decision emphasized the importance of cooperation in trial proceedings and compliance with imposed conditions for granting bail under Section 439 of Cr.P.C.
The court established that in the absence of direct allegations and with the completion of the investigation, bail can be granted even in cases involving serious charges under the Scheduled Castes an....
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 considered the length of time the appellant had been in custody and the expected duration of the trial in granting bail.
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