Allowed

Gabbar Alias Adarsh Singh v. State of U.P. Thru. Prin. Secy. Home Lko.and Another

Allahabad HC20 Feb 2023/370/2022

Case brief

AI extract

What is this about?

This Court allowed a criminal bail appeal filed by Gabbar Alias Adarsh Singh. The Court observed a lack of eyewitness corroboration and noted that an identically situated co-accused was already granted bail. The original bail rejection order was set aside, and the appellant was released on bail with standard conditions.

What did the court decide?

The judgment and order dated 14.12.2021 rejecting bail were set aside; the appellant was released on bail with a personal bond and two sureties subject to standard conditions.

Gabbar Alias Adarsh Singh Vs State of U.P. Thru. Prin… — Caste Atrocities | Allahabad HC (2023)

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Court No. - 27

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Case :- CRIMINAL APPEAL No. - 370 of 2022 Appellant :- Gabbar Alias Adarsh Singh Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko.And Another

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Counsel for Appellant :- Brijesh Kumar Singh,Ajay Pratap Singh

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Counsel for Respondent :- G.A.

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Hon'ble Shree Prakash Singh,J.

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Vide order dated 25.2.2023, the notice was issued to the opposite party no.2 and that too has been served upon him as per the office report.

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Case called out.

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None is present on behalf of the opposite party no.2.

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In the aforesaid circumstances, the Court is proceeding to hear the matter.

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Heard learned counsel for the applicant-appellant, Sri Aniruddh Kumar Singh, learned A.G.A.-I for the State and perused the record.

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Instant criminal appeal under section 14-A(2) of SC/ST Act (Prevention of Atrocities) Act, has been filed challenging the Judgement and order dated 14.12.2021 passed by Special Judge, SC/ST Act, Faizabad in Bail Application No.2051 of 2021, Gabbar @ Adarsh Singh Vs. State of U.P. arising out of Case Crime No.299 of 2021, under Sections 147, 302, 201 I.p.C. & 3(2) V SC/ST Act, Police Station Kumarganj, District Ayodhya. It has also been prayed that the appellant-applicant may be released on bail in the aforesaid sections during the pendency of trial.

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Learned counsel for the applicant-appellant submits that the appellant is innocent and he has falsely been implicated in the present matter. He next added that there are general allegations against all the accused persons including the present appellant in the first information report that they have taken away the deceased and thereafter he was found dead. He also added that though there are injuries over the body of the deceased but this could not be ascertained at this stage that who is the author of the injuries. There is no independent eye witness of the aforesaid incident and only on the basis of hearsay, the name of the present applicant has been implicated. He also added that

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there was no other corroborative evidence against the appellant except apart the first information report as well as other statement wherein general allegations have been levelled against the present appellant. He also added that the police has shown recovery of the weapon on the joint pointing out of the appellant including the other accused persons. Adding his arguments, he submits that there is no previous criminal antecedent of the appellant and he is languishing in jail since 1.11.2021. The appellant undertakes that in case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.

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Learned counsel for the applicant/appellant submits that identically situated co-accused Omkar Agrahari has already been enlarged on bail by this Court in Criminal Appeal Defective No.85 of 2022, vide order dated 3.2.2023. The appellant seeks parity of the order aforesaid.

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Per contra, learned A.G.A. for the State has opposed the contentions aforesaid and submitted that on the joint pointing out of the appellant including the other co-accused persons, weapon used in the offence was recovered and there are other corroborative evidence so as to connect the appellant with the offence, and, as such, he is not entitled for any relief. However, he could not dispute the fact that identically situated co-accused Omkar Agrahari has already been enlarged on bail by this Court.

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Considering the submissions of learned counsel for the parties and after perusal of the material placed on record, it is evident that there are general allegations against the appellant including other co-accused persons for beating the deceased due to which he succumbed to death; this Court also noticed the fact that there is no eye witness of the incident; further there seems to be no corroborative evidence against the appellant; identically situated co-accused has already been enlarged on bail by this Court; and appellant has no previous criminal antecedent and is languishing in jail since 1.11.2021.

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Resultantly, in the above facts and circumstances of the case and the arguments advanced on behalf of both the side and the facts that the trial of the case is not likely to be concluded in near future, hence, the appeal has substance and it is accordingly allowed and the Judgement and order dated 14.12.2021 passed by Special Judge, SC/ST Act, Faizabad in Bail Application No.2051 of 2021, Gabbar @ Adarsh Singh Vs. State of U.P. arising out of Case Crime No.299 of 2021, under Sections 147, 302, 201 I.p.C. & 3(2) V SC/ST Act, Police Station Kumarganj, District Ayodhya, is hereby set aside.

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Let the applicant-appellant, Gabbar @ Adarsh Singh , involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-

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The applicant-appellant will not tamper with the evidence.

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The applicant-appellant will not indulge in any criminal activity.

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The applicant-appellant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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The applicant-appellant will appear regularly on each and every date fixed by the trial court unless their personal appearance is exempted.

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It is further observed that any of the findings recorded herein above will have no bearing on the merits of the trial.

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Order Date :- 20.2.2023 Ram Murti

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Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench

Gabbar Alias Adarsh Singh v. State of U.P. Thru. Prin. Secy. Home Lko.and Another

Case brief

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Gabbar Alias Adarsh Singh v. State of U.P. Thru. Prin. Secy. Home Lko.and Another

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