Allowed

Monish Pasha v. State of U.P. and Another

Allahabad HC19 Jul 2021CRLA/1425/2021

Case brief

AI extract

What is this about?

This criminal appeal challenged an order rejecting bail under the SC/ST Act. The High Court set aside the impugned order due to the delay in trial conclusion and granted bail to the appellant subject to strict conditions regarding court attendance and absence without cause.

What did the court decide?

Impugned bail rejection order set aside; appellant released on bail with conditions for personal attendance and non-abuse of liberty.

Monish Pasha Vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2021)

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Court No. - 67

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Case :- CRIMINAL APPEAL No. - 1425 of 2021

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Appellant :- Monish Pasha Respondent :- State of U.P. and Another Counsel for Appellant :- Ajay Kumar Mishra,Irshad Ahmad Counsel for Respondent :- G.A.,Santosh Kumar Singh

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Hon'ble Rahul Chaturvedi,J.

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Heard learned counsel for the appellant and learned AGA for the State.

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The instant criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed challenging the order dated 10.03.2021 passed by learned Special Judge (SC/ST Act), Amroha in while decide the Crl. Misc. Bail Application No. 420 of 2021 in case crime no. 343 of 2020, under Sections 147, 148, 149, 452, 504, 506, 323 and 307 IPC, and Section 3(2)(5) SC/ST Act, P.S. Didauli, District Amroha. The applicant is languishing in jail since 04.03.2021.

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Learned counsel for the appellant submitted that the appellant has been falsely implicated by misusing the provision of SC/ST Act. Submission made by the counsel that the instant appeal has been lodged under the aforesaid sections of the IPC against four named accused person and one unknown persons. It is contended by the counsel that the name of the applicant has been figure up in statements of informant at the belated stage attributing role of joining the accused persons in commission of the offence. It has further been contended that rest of the named accused persons were already admitted on bail by the coordinate Bench of this Court on different occasion. The case of the applicant stands on better footing than that of those persons who have admitted on bail.

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Learned AGA has tried to oppose the appeal by raising certain issues but could not dispute the above facts which touches the core issue.

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Considering the facts and circumstances of the case and the arguments advanced on behalf of both the sides and keeping in view the fact that the trial of the case is not likely to be concluded in near future, hence, the impugned order dated 10.03.2021 passed by learned Special Judge (SC/ST Act), Amroha, rejecting the bail application of the appellant is set aside.

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Let appellant-Monish Pasha , 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 with the following conditions:

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(i). The appellant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence, if 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 appellant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under

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Section 229-A of the Indian Penal Code;

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(iii). In case, the appellant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The appellant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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On the above terms and condition the present appeal stands allowed.

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Order Date :- 19.7.2021 Abhishek Sri.

Monish Pasha v. State of U.P. and Another

Case brief

What is this about?

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Monish Pasha v. State of U.P. and Another

Case brief

What is this about?

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