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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Nalin Kumar Srivastava,J.
Akash – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Nalin Kumar Srivastava, J.
1. Two Supplementary affidavits filed in criminal appeal no. 10255 of 2024 today are taken on record. Counter affidavit and rejoinder affidavit filed today in criminal appeal no. 9774 of 2024 are also taken on record.
2. Since these criminal appeals arise out of same case crime number, they have been heard together and are being decided by a common order.
3. These criminal appeals under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act have been preferred by the appellants Akash and Ramkesh with the prayer to set aside the bail rejection orders dated 2.8.2024 and 4.4.2024 passed by the Special Judge (SC/ST Act)/ Additional Sessions Judge, Siddhrthnagar and release the appellants on bail in Case Crime No. 08 of 2024, under Sections 379, 436, 504, 506 IPC and Section 3(1)(Da), 3(1)(Dha), 3(2)(V), 3(2)(Va) of SC/ST Act, P.S. Pathra Bazar, District Siddharth Nagar.
4. Heard learned counsel for the appellants as well as the learned AGA and perused the entire record. None is present for the opposite party no.2 even in the revised call.
5. It is submitted by the learned counsel for the appellants that the appellants are i
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 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 granted bail due to insufficient evidence from hostile witnesses and the potential for false implications, emphasizing the importance of a fair trial.
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's decision was influenced by the consideration of the fact of compromise and the entirety of facts and circumstances of the case in setting aside the order rejecting the bail application an....
The compromise between the parties and the acquittal from certain charges can be considered as changed circumstances warranting bail, and the court may impose specific conditions for the release of t....
The court found the trial court's rejection of bail to be flawed, allowing bail based on inconsistencies in the prosecution's case.
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