Allahabad High Court Grants Bail To 32 Persons Convicted In 1990 Agra Caste Violence Case

The High Court of Allahabad granted bail to all convicts in the thirty-five year old Agra caste violence case.

The Bench of Justice Shekhar Kumar Yadav ordered, “Having regard to the facts and circumstances of the case, the sentence awarded to the appellants, the evidence available on record, the findings recorded by the trial court, the fact that the appellants were on bail during trial and no instance of misuse of liberty has been brought to notice, and also considering that the appeal may take some time for final disposal, I am inclined to release the appellants on bail, without further commenting on the merits of the case.”

Advocate Ashutosh Mishra represented the Appellants, while Advocate Mahipal Singh represented the Respondents.

Case Brief

The Appellants submitted that they were falsely implicated in the case and most of them were above 65 years of age and were suffering from various ailments. It was also submitted that there was no motive for them to commit the offence under Sections 452, 148, 323, 149, 427, 149, 504 of the I.P.C. and Section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.

The Appellants also submitted that they were on bail during the trial and did not misuse the liberty of bail at any stage. Since there was no likelihood of early hearing of the appeal in the near future, the Appellants contended that they deserve to be enlarged on bail during the pendency of the appeal.

Court’s Observation

Given the facts and circumstances of the case with regard to the sentence awarded to the Appellants, the evidence available on record, the findings recorded by the trial court, the fact that the appellants were on bail during trial and no instance of misuse of liberty has been brought to notice, and also considering that the appeal may take some time for final disposal, the Court was inclined to release the Appellants on bail.

Cause Title: Jaydev & ors. V. State of U.P

Appearance:

Appellants: Ashutosh Mishra, Kuldeep Singh Chahar, Rajiv Lochan Shukla, Syed Abid Ali Naqvi, Sr. Advocate

Respondents: G.A., Mahipal Singh

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