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Deepak @ Mani Shankar vs State Of U.P.

High Court Of Judicature at Allahabad|27 August, 2018

JUDGMENT / ORDER

Heard learned counsel for the appellant and learned AGA for the State and perused the record.
This criminal appeal has been filed under Section 14-A(2) of S.C/ST (Prevention of Atrocities Act, 1989) against the order dated 11.01.2018 passed by Additional Sessions Judge (FTC), Chitrakoot in Criminal Bail Application No.1085 of 2017 (Deepak @ Mani Shankar Vs. State of U.P.) arising out of Case Crime No.919 of 2017, under Sections 394, 342, 504, 506 I.P.C and 3(2) (5) SC/ST (PA) Act, P.S. Karwi, District Chitrakoot, whereby bail application of the appellant was rejected.
The allegation in the first information report is that the applicant has caused injuries to the informant and have stolen goods being carried by the informant and also Rs.2000/- being carried by him. The injuries caused to the informant have been found simple in nature. The argument is that the applicant has no criminal history prior to impugned implication and is in jail since 14.11.2017. The applicant has been falsely implicated due to village politics.
On the other learned AGA has opposed the prayer for bail but admitted that the appellant has no criminal history.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case as well as the sentence awarded to the appellant, I am of the opinion that the appellant is entitled to be released on bail.
Let the appellant Deepak @ Mani Shankar be released on bail in Case Crime No.919 of 2017, under Sections 394, 342, 504, 506 I.P.C and 3(2) (5) SC/ST (PA) Act, P.S. Karwi, District Chitrakoot on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
The appeal is allowed. Impugned order dated 11.01.2018 rejecting bail of appellant is hereby set aside.
Order Date :- 27.8.2018 SS
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Title

Deepak @ Mani Shankar vs State Of U.P.

Court

High Court Of Judicature at Allahabad

JudgmentDate
27 August, 2018
Judges
  • Siddharth