Allowed

Indrapal v. State of U.P. and Another

Allahabad HC30 Sept 2019CRLA/4320/2019

Case brief

AI extract

What is this about?

The court allowed an appeal under Section 14(2) of the SC/ST (POA) Act, 1989. It found the trial court erred in rejecting bail and set aside the impugned order, directing the release of the appellant on bail with personal bond and two sureties subject to standard conditions.

What did the court decide?

Impugned order dated 1.6.2019 set aside; Appellant released on bail with personal bond and two sureties subject to conditions.

Indrapal Vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2019)

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Court No. - 71

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Case :- CRIMINAL APPEAL No. - 4320 of 2019

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Appellant :- Indrapal Respondent :- State Of U.P. And Another Counsel for Appellant :- Ravi Shankar Tripathi Counsel for Respondent :- G.A.

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Hon'ble Rajiv Gupta,J.

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Supplementary affidavit filed by learned counsel for the appellant in Court is taken on record.

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Heard learned counsel for the appellant, learned A.G.A., for the State and perused the record.

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This criminal appeal under Section 14 A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed challenging the order dated 1.6.2019 passed by the Special Judge (S.C./S.T. (PA) Act/Additional Sessions Judge, Budaun, in Bail Application No. 2033 of 2019 (Indra pal Vs. State of U.P.) arising out of Case Crime No. 232 of 2018, under Sections 147, 148, 149, 323, 504, 506, 325, 304 of I.P.C., and Sections 3 (1) (Da), 3 (1) (Dha) and 3 (II)V of S.C./S.T. (P.A) Act, Police Station-Bisauli, District-Budaun, seeking bail in the aforesaid sections.

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In para 3 of the counter affidavit sworn by Shri Sarvendra Singh, Deputy Superintendent of Police (Circle Officer, Bisauli), District Badaun, it has been stated that the notice has been given to the complainant regarding pendency of the instant criminal appeal and photocopy of the said notice has been annexed as annexure-1 of the counter affidavit. It is thus evident that the notice regarding pendency of the criminal appeal has been duly served upon opposite party no. 2 however none responds for him.

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As per prosecution version, on 23.6.2018 at about 6:00 PM, appellant (Indrapal)) and co-accused Satyaveer, Deepak, Munesh, Vishanpal, Bhure, Bintu, Rahul, Vijendra, Sonu, Rakesh, Indrapal and Satendra assaulted the informant Deepak, Kalawati and Kuwarpal by blunt object i.e. lathi and danda, due to enmity of election of village pradhan. Deepak, Kalawati and Kuwarpal have sustained injuries. Later on, Kuwarpal died.

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It is contended by learned counsel for the appellant that from the appellant side, Deepak s/o Birendra, Vishanpal s/o Ramdhun, Bintu and Bijendra have also sustained injuries in the same occurrence. First information report has been lodged from the accused side about this occurrence. As per prosecution version, informant Kalawati, Deepak and Kuwarpal have sustained 4, 3 and 6 injuries respectively. All the injuries of the Kuwarpal were simple in nature. First information report was lodged under Sections 147, 323,

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504, 506 of I.P.C., and Sections 3 (1) (Da), 3 (1) (Dha) of S.C./S.T. Act implicating all the family members. No specific role has been assigned to any of the co-accused who caused injuries to the deceased Kuwarpal. Appellant is in jail since 22.5.2018. The Criminal history of the appellant has been explained in para 3 of the Supplementary affidavit and in para 10 of the rejoinder affidavit.

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Per contra, learned A.G.A. has opposed the prayer for bail and submitted that there is no infirmity in the order passed by the learned trial court.

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Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, I find that the court below has acted wrongly in rejecting the bail application and the impugned order dated 1.6.2019 is liable to be set-aside and appeal is liable to be allowed.

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The appeal is allowed. The impugned order dated 1.6.2019 passed by Special Judge (S.C./S.T. (PA) Act/Additional Sessions Judge, Budaun, is set-aside and the bail application of appellant stands allowed.

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Let the appellant Indrapal be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions:

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(i) The appellant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.

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(ii) The appellant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.

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(iii) The appellant will not indulge in any unlawful activities.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the appellant to prison.

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Order Date :- 30.9.2019 R.

Indrapal v. State of U.P. and Another

Case brief

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Indrapal v. State of U.P. and Another

Case brief

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