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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Nalin Kumar Srivastava,J.
Bilal – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Nalin Kumar Srivastava, J.
1. Despite service of notice upon opposite party no.2, no one is present on his behalf.
2. This criminal appeal under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant - Bilal with the prayer to allow the present appeal, set aside the bail rejection order dated 22.10.2024 passed by the Addl. Sessions Judge / Special Judge (SC/ST Act), Meerut and release the appellant on bail in Case Crime No.281 of 2024 under Sections 190, 191(2), 192(3), 109, 115(2), 351(2) B.N.S. and Sections 3(2)5, 3(2)5Ka S.C./S.T. Act, Police Station Daurala, District Meerut.
3. Heard Sri N.I. Jafri, Senior Advocate assisted by Ms. Ambreen Masroor and Sri S.I. Jafri, learned counsel for the appellant, learned A.G.A. for the State and perused the entire record.
4. Prosecution story, as unfolded in the F.I.R., is that the six named and some other unknown persons made an assault upon the informant, Kuldeep and Vinay with intention to kill. Fire was made twice by the present appellant Bilal s/o Ahsan upon the informant and when he tried to take his pistol, one fire was again made by him but the same was also mi
The court ruled that the denial of bail was erroneous due to insufficient evidence supporting the prosecution's case, allowing the appellant to be released on bail under specific conditions.
The court determined that the essential elements of the alleged offences under the SC/ST Act were absent, warranting the grant of bail to the appellants.
The court found that the appellant made a sufficient case for bail, emphasizing the consensual nature of the relationship and errors in the trial court's assessment.
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 determined that the appellant's alleged actions did not constitute an offence under the SC/ST Act, allowing bail based on the consensual nature of the relationship and errors in the trial C....
The court granted bail due to insufficient evidence from hostile witnesses and the potential for false implications, emphasizing the importance of a fair trial.
The court's decision was influenced by the provisions of Section 14-a(2) of the SC/ST act, which allowed for the appellant's release on bail.
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