Allowed

Ashish Shukla and Another v. State of U.P. Thru. Prin. Secy. Home U.P. Civil Secrett. Lko. and 4 Others

Allahabad HC27 Apr 2023/935/2023

Case brief

AI extract

What is this about?

The High Court allowed a criminal appeal filed against an order rejecting bail under the SC/ST (POA) Act. The court set aside the lower court's order and released the appellants on bail, holding that the lower court failed to appreciate material facts, without deciding the substantive merits of the case.

What did the court decide?

The impugned order of bail rejection dated 17.03.2023 was set aside. The appellants were ordered to release on bail subject to furnishing personal bonds with two sureties and complying with specific c

Ashish Shukla and Another Vs State of U.P. Thru… — Criminal Trial and Appeal | Allahabad HC (2023)

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Court No. - 15

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Case :- CRIMINAL APPEAL No. - 935 of 2023

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Appellant :- Ashish Shukla And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home U.P. Civil Secrett. Lko. And 4 Others Counsel for Appellant :- Arun Sinha,Ram Chandra Singh,Siddhartha Sinha Counsel for Respondent :- G.A.,Mohit Kishor Awasthi

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Hon'ble Ajai Kumar Srivastava-I,J.

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1. Case called out in the revised list.

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2. No one has appeared on behalf of the respondents No.2 to 5 to argue this appeal even in the revised list despite the fact that the name of Sri Mohit Kishor Awasthi, Advocate has been shown in the cause list.

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3. Heard Sri Arun Sinha, Advocate assisted by Sri Ram Chandra Singh along with Sri Siddhartha Sinha, learned counsel for the appellants, Sri Yugal Kishor, learned A.G.A. for the State and perused the entire record.

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4. This Criminal Appeal under Section 14-A (2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been preferred against the impugned order dated 17.03.2023 passed by the learned Special Judge (S.C./ S.T. Act)/ Additional District & Sessions Judge, Court No.2, Unnao in Case Registration No.929 of 2023 "Ashish Shukla and another vs. State of U.P." arising out of Case Crime No.0046 of 2021, under Sections 147, 323,

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504, 506, 324, 325, 171-F I.P.C. and Sections 3(2) (va) and 3(1)(I)(A) S.C./ S.T. Act, Police Station Barasagwar, District Unnao, whereby the bail application of the appellants has been rejected.

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5. Learned counsel for the appellants has submitted that the first information report has been lodged against the appellants on the basis of false and fabricated facts. The accused/ appellants are innocent who have been falsely implicated in this case.

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6. His further submission is that a false first information report came to be lodged against the accused/ appellants alleging therein that the voters were being influenced by the present accused/ appellants and also that some people were assaulted.

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7. His next submission is that initially the first information report came to be lodged against the accused/ appellants for the offence under Sections 147, 323, 504, 506 I.P.C. and Section 3()2)(va) S.C./ S.T. Act. However, during investigation, on the basis of finger of one of the injured having been found fractured, Sections 324 and 325 I.P.C. came to be added.

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8. His further submission is that the first informant is a person, who falsely implicated the present appellants in order to exert undue pressure as a case against various persons was already filed prior to lodging of the first information report in question .

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9. His next submission is that ingredients to attract Sections 147, 323, 504, 506, 324, 325, 171-F I.P.C. and more particularly offence under Sections 3(2)(va) and 3(1)(I)(A) S.C./ S.T. Act are not available. Therefore, the bail application of the appellants could not have been rejected by the learned trial court

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10. His further submission is that the accused/ appellants are languishing in jail since 16.03.2023, who have no previous criminal history.

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11. His next submission is that in case, the appellants are enlarged on bail, they shall not misuse the liberty of bail and they shall also fully cooperate with the trial court in getting the trial concluded expeditiously. He has further submitted that there is no possibility of the appellants to intimidate or pressurize the witnesses or any other persons acquainted with the facts of the present case.

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12. For the aforesaid reasons, learned counsel for the appellants submits that the instant criminal appeal deserves to be allowed. The impugned order dated 17.03.2023 passed by the learned Special Judge (S.C./ S.T. Act)/ Additional District & Sessions Judge, Court No.2, Unnao in Case Registration No.929 of 2023 "Ashish Shukla and another vs. State of U.P." arising out of Case Crime No.0046 of 2021, under Sections 147, 323, 504, 506, 324, 325, 171-F I.P.C. and Sections 3(2)(va) and 3(1)(I)(A) S.C./ S.T. Act, Police Station Barasagwar, District Unnao, deserves to be set

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aside and consequently, the accused/ appellants deserve to be enlarged on bail during pendency of the trial.

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13. Per contra, learned A.G.A. has vehemently opposed the prayer by submitting that the accused/ appellants are named in the first information report. Therefore, the accused/ appellants are not entitled to be enlarged on bail and the instant criminal appeal deserves to be dismissed. However, he has been unable to dispute the other factual submissions advanced by the learned counsel for the appellants.

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14. Having heard the learned counsel for the appellants, learned A.G.A. for the State and upon perusal of record, it transpires that the accused/ appellants are named in the first information report. Initially the first information report came to be lodged against the accused/ appellants for the offence under Sections 147, 323, 504, 506 I.P.C. and Section 3()2)(va) S.C./ S.T. Act. However, during investigation, on the basis of finger of one of the injured having been found fracture, Sections 324 and 325 I.P.C. came to be added. The accused/ appellants are languishing in jail since 16.03.2023, who have no previous criminal history.

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15. Considering the aforesaid overall facts and circumstance of the case, without expressing any opinion on merit, this Court of the view that the learned court below has failed to appreciate the material available on record. The order passed by the court below is liable to be set aside.

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16. Accordingly, the appeal is allowed . Consequently, the impugned order dated 17.03.2023 passed by the learned Special Judge (S.C./ S.T. Act)/ Additional District & Sessions Judge, Court No.2, Unnao in Case Registration No.929 of 2023 "Ashish Shukla and another vs. State of U.P." arising out of Case Crime No.0046 of 2021, under Sections 147, 323, 504, 506, 324, 325, 171-F I.P.C. and Sections 3(2)(va) and 3(1)(I) (A) S.C./ S.T. Act, Police Station Barasagwar, District Unnao, is, hereby, set aside.

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17. Let the appellants, namely, Ashish Shukla and Jitendra Shukla be released on bail in the aforesaid case crime number with the following conditions:-

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(i) The appellants shall furnish the personal bonds with two sureties each of like amount to the satisfaction of the court concerned.

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(ii) The appellants shall appear and strictly comply following terms of bond executed under section 437 sub section 3 of Chapter- 33 of Cr.P.C.:-

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(a) The appellants shall attend in accordance with the conditions of the bond executed under this Chapter.

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(b) The appellants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected, and

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make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police ofÏcer or tamper with the evidence.

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(iii) The appellants shall cooperate with investigation /trial.

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(iv) The appellants shall file an undertaking to the effect that they shall not seek any adjournment on the dates 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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(v) The appellants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, the trial court may proceed against them under Section 229-A of the Indian Penal Code.

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(vi) In case, the appellants misuse the liberty of bail during trial, in order to secure their presence, proclamation under section 82 Cr.P.C. is issued and the appellants fail 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 of the Indian Penal Code.

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(vii) The appellants shall remain present, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording

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of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the appellants is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law.

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(Ajai Kumar Srivastava-I, J.)

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Order Date :- 27.4.2023 cks/-

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Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench

Ashish Shukla and Another v. State of U.P. Thru. Prin. Secy. Home U.P. Civil Secrett. Lko. and 4 Others

Case brief

What is this about?

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Ashish Shukla and Another v. State of U.P. Thru. Prin. Secy. Home U.P. Civil Secrett. Lko. and 4 Others

Case brief

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