Allowed

Akash and Another v. State of U.P. and Another

Allahabad HC29 Sept 2021CRLA/1187/2021

Case brief

AI extract

What is this about?

The High Court allowed the criminal appeal against the rejection of bail under the SC/ST Act. The court observed that the addition of the specific provision after the first hearing lacked evidentiary support for attracting that section. Bail was granted on a personal bond and two sureties with strict undertakings regarding trial attendance and witness safety.

What did the court decide?

Impugned order dated 16.02.2021 quashed; appellants released on bail with personal bond and two sureties subject to specified conditions.

Akash and Another Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2021)

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Court No. - 67

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Case :- CRIMINAL APPEAL No. - 1187 of 2021

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Appellant :- Akash And Another Respondent :- State of U.P. and Another Counsel for Appellant :- Rajesh Kumar Singh,Prabhat Kumar Tiwari Counsel for Respondent :- G.A.

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Hon'ble Rahul Chaturvedi,J.

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Counter affidavit filed on behalf of the State which is taken on record.

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

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The office report dated 09.09.2021 shows that notice was served upon opposite party no. 2 but till date neither any counsel was engaged nor any counter affidavit filed by opposite party no. 2. The notice is sufficient. With the help and aid of learned A.G.A. the Court is proposing to decide the appeal on merits.

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By means of the appeal u/s 14 (A)(2) SC/ST Act, the appellants are challenging the order dated 16.02.2021 whereby the bail applications of the appellants were rejected by Learned Special Judge, SC/ST Act, District Agra in bail application no. 1082/2021 and bail application no. 737/2021 arising out of Case Crime No. 589 of 2020, under section 3(2)(V) of SC/ST Act, P.S. Jagdishpura, District Agra.

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It is contended by learned counsel for the appellants that after released on bail by this Court in Crl. Misc. Bail application No. 4873 of 2021 vide order dated 22.01.2021, the police has pasted section 3(2)(V) of SC/ST Act in the array of the sections. It is further submitted that except the fact that the deceased belongs to the S.C. Community, there is no evidence on record attract the provision of Scheduled Caste and Scheduled Tribes Act. It is next submitted that there is a dying declaration as well as postmortem report of the deceased and in her dying declaration she has not whispered the name of the appellants and so far as the postmortem report, it is clear that the deceased has died on account of cardiac arrest.

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Learned AGA opposed the prayer for bail but could not dispute the aforesaid facts and the legal submissions as argued by the learned counsel for the appellants.

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The submissions made by learned counsel for the appellants, prima facie, quite appealing and convincing for the purpose of bail only.

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Keeping in view the fact that this appeal has added section 3(2)(V) of SC/ST Act and on the earlier occasion the appellant was released on bail and there is no evidence attracting the provision of section 3(2)(V) of SC/ST Act and the submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the appellants have made out a fit case for bail.

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Let the appellants Akash and Vijay @ Baniya , be released on bail in the aforesaid case crime number on furnishing a personal bond and two

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sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(i) THE APPELLANTS SHALL FILE AN UNDERTAKING TO THE EFFECT THAT THEY SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE FIXED FOR EVIDENCE WHEN THE WITNESSES ARE PRESENT IN COURT. IN CASE OF DEFAULT OF THIS CONDITION, IT SHALL BE OPEN FOR THE TRIAL COURT TO TREAT IT AS ABUSE OF LIBERTY OF BAIL AND PASS ORDERS IN ACCORDANCE WITH LAW.

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(ii) THE APPELLANTS SHALL REMAIN PRESENT BEFORE THE TRIAL COURT ON EACH DATE FIXED, EITHER PERSONALLY OR THROUGH THEIR COUNSEL. IN CASE OF THEIR ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST THEM UNDER SECTION 229-A IPC.

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(iii) IN CASE, THE APPELLANTS MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE THEIR PRESENCE PROCLAMATION UNDER SECTION 82 CR.P.C., MAY BE ISSUED AND IF APPELLANTS FAILS TO APPEAR BEFORE THE COURT ON THE DATE FIXED IN SUCH PROCLAMATION, THEN, THE TRIAL COURT SHALL INITIATE PROCEEDINGS AGAINST THEM IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.

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(iv) THE APPELLANTS SHALL REMAIN PRESENT, IN PERSON, BEFORE THE TRIAL COURT ON DATES FIXED FOR (1) OPENING OF THE CASE, (2) FRAMING OF CHARGE AND (3) RECORDING OF STATEMENT UNDER SECTION 313 CR.P.C. IF IN THE OPINION OF THE TRIAL COURT ABSENCE OF THE APPELLANTS IS DELIBERATE OR WITHOUT SUFFICIENT CAUSE, THEN IT SHALL BE OPEN FOR THE TRIAL COURT TO TREAT SUCH DEFAULT AS ABUSE OF LIBERTY OF BAIL AND PROCEED AGAINST THE THEM IN ACCORDANCE WITH LAW.

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(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANTS.

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Keeping in view that though the complainant belongs to the S.C. community and as per arguments of learned counsel for the complainant that the accused appellants would create all sorts of impediments in the smooth trial. Besides this, after the release the accused appellants who belong to a higher caste may extend threat and pressurize the witnesses.

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All these complaints may be raised by the complainant before S.P. Agra who would examine objectively after having reports from his agencies at the earliest with regard to threat prospective of informant and his family members and use his own discretion in the matter, if it desirable, then

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during trial may provide security to complainant and his near family members.

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With the aforesaid observation, the present appeal stands allowed and the impugned order dated 16.02.2021 passed by Learned Special Judge, SC/ST Act, District Agra is hereby quashed.

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Order Date :- 29.9.2021

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Nisha

Akash and Another v. State of U.P. and Another

Case brief

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Akash and Another v. State of U.P. and Another

Case brief

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