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RAHUL CHATURVEDI
Suresh Yadav @ Suresh Kumar Yadav – Appellant
Versus
State of U. P. – Respondent
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)V of the S.C./S.T. Act, Police Station-Naini, District-Prayagraj.
3. There are two connected appeals having Criminal Appeal No. 4767 of 2021 and Criminal Appeal No. 5119 of 2021.The genesis of both these two criminal appeals are from one and same F.I.R. and for the sake of brevity both the appeals are decided by a common order.
4. The instant criminal appeal No.5119 of 2021 is targeted against the judgement and order passed by Special Judge (SC/ST Act)/ Add
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'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.
The court considered the age of the prosecutrix, circumstances of the alleged incident, and the delay in filing the report as key factors in granting bail to the accused-appellant.
The court's decision was primarily based on the statement of the prosecutrix recorded under Section 164 of Cr.P.C and the facts and circumstances of the case, in line with the judgment passed by the ....
The completion of investigation and absence of reasons to detain the appellant are crucial factors in determining entitlement to bail.
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