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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Shekhar Kumar Yadav
Abdul Raseed – Appellant
Versus
State of U.P. – Respondent
ORDER
Shekhar Kumar Yadav, J.
Ref: Criminal Misc. Bail Application No.01 of 2025
1. The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant to set aside the bail rejection orders dated 13.01.2025 and 05.02.2025 passed by Additional Sessions Judge/Special Judge (SC/ST Act) Kushinagar at Padrauna passed in 1st Bail Application No.3087 of 2024 in Case Crime No.393 of 2024, under Sections 147 , 323, 376, 452, 504, 506 IPC and Section 3(1)(Da), 3(1) (ha) and 3(2) (V) SC/ST Act and 2nd Bail Application No.292 of 2025, under Section 376 D IPC, Police Station Ahirauli Bazar, District Kushinagar.
2. Heard learned counsel for the appellant, the learned AGA for the State-respondent no.1 and perused the entire record. Despite service of notice, none has appeared on behalf of respondent no.2.
3. According to the prosecution case, on 10.05.2024 at about 6.30 pm in the evening when the informant was alone in her house, the accused persons, namely, Abdul Aziz and Abdul Rasheed entered into the house of the victim and started abusing her. Both accused pushed the victim inside the house and closed the door from i
The court ruled that the rejection of a bail application must be based on substantiated evidence; insufficient evidence may warrant granting bail under relevant statutory provisions.
The court established that a lack of substantial evidence and the presumption of innocence are critical in considering bail applications under the SC/ST Act.
The court held that a denial of bail must be supported by substantive evidence, and without such evidence, particularly under the SC/ST Act, bail should not be denied.
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 established that delays in filing FIRs and the status of investigations are critical factors in bail considerations under the SC/ST Act, allowing for a more nuanced approach to bail applica....
The court established that the rejection of bail must be justified by substantial reasons, particularly considering the severity of injuries and the duration of custody.
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.
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