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2025 DAILYLAW 98858 (ALL)

JAY SINGH YADAV v. STATE OF U.P AND ANOTHER

CRLA/9361/2024 · 2025-01-27

Ajay Bhanot

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:13736 Court No. - 5 Case :- CRIMINAL APPEAL No. - 9361 of 2024 Appellant :- Jay Singh Yadav Respondent :- State Of U.P And Another Counsel for Appellant :- Rajesh Kumar Gautam,Rajesh Kumar Yadav Counsel for Respondent :- G.A.,Vinod Kumar Hon'ble Ajay Bhanot,J. Matter is taken up in the revised call. Shri Paritosh Kumar Malviya, learned AGA-I on the basis of instructions submits that the notices upon the respondents have been served in light of the judgment rendered by this Court in Ajeet Chaudhary vs. State of U.P. & Another reported at 2021 (1) ADJ 559. This criminal appeal under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant with the prayer to set aside the bail rejection order dated 09.09.2024 passed by the learned Special Judge (SC/ST Act), Firozabad in Case Crime No. 312 of 2024, under Section 3 (2) 5 of SC/ST Act, Police Station Uttar District Firozabad. The applicant-appellant is in jail since 20.05.2024. The bail application of the appellant was rejected by the learned trial court on 09.09.2024. The following arguments made by Shri Rajesh Kumar Yadav, learned counsel on behalf of the appellant, which could not be satisfactorily refuted by Shri Vinod Kumar, learned counsel on behalf of the first informant and Shri Paritosh Kumar Malviya, learned AGA-I from the record and were neglected from consideration by the learned trial court, entitle the appellant for grant of bail: The appellant was earlier granted bail by this Court in the instant criminal case under Sections 302, 201 IPC by order dated 13.08.2024 passed in Criminal Misc. Bail Application No. 27933 of 2024. This bail application is under an added section i.e. Section 3 (2) 5 of SC/ST Act. The appellant is entitled to bail for the reasons narrated in the order passed this Court on 13.08.2024 in Criminal Misc. Bail Application No. 27933 of 2024. Let the appellant- Jay Singh Yadav be granted bail in the aforesaid case crime number under the same conditions. In the light of the preceding discussion, facts and circumstances of the case and in view of the nature of the offence and evidence the appellant has made out a case for bail. The trial court erred in rejecting the bail application. The impugned order dated 09.09.2024 is liable to be set aside and is set aside. Accordingly, the appeal is allowed. Order Date :- 27.1.2025 Jaswant Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad