Allowed

Gabbar Sharma @ Deepu v. State of U.P. and Another

Allahabad HC10 May 2023CRLA/10013/2022

Case brief

AI extract

What is this about?

This criminal appeal concerned the rejection of a bail application under the SC/ST Act. The High Court set aside the lower court's rejection, finding a failure to properly consider the appellant's case, one-sided investigation, and jail overcrowding as grounds for enlargement on bail.

What did the court decide?

The appellant was released on bail upon furnishing a personal bond and two reliable sureties, subject to conditions prohibiting witness tampering and ensuring court attendance.

Gabbar Sharma @ Deepu Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:100727

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Court No. - 80

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Case :- CRIMINAL APPEAL No. - 10013 of 2022

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Appellant :- Gabbar Sharma @ Deepu Respondent :- State of U.P. and Another Counsel for Appellant :- Rajesh Kumar Pandey,Anurag Pathak Counsel for Respondent :- G.A.

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Hon'ble Siddharth,J.

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1.Learned A.G.A. has informed that notice has been served upon the opposite party no.2 but no one appears on his behalf.

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2.Heard learned counsel for the appellant; learned AGA for opposite party no.1 and perused the material placed on record.

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3.The present criminal appeal under Section 14A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant to set aside the impugned order dated 14.10.2022, whereby the Special Judge, SC/ST Act, Mirzapur has rejected the bail application of the appellant moved by him in Case Crime No. 123 of 2022, under Sections 366,506,302,201 IPC and Section 3(2) (V) SC/ST Act, Police Station Madihan, District Mirzapur.

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4.There is allegation in the First Information Report lodged against the named accused Sonu Patel regarding abduction and threatening the daughter of the informant.Subsequently after recovery of dead body implication under section 302/201 I.P.C. was made.

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5.Learned counsel for the appellant has submitted that appellant was not named in the First Information Report.In the second statement of the informant she has named the appellant as a person who was also involved in the incident.No incriminating article or mobile phone was recovered from the appellant. His complicity in the crime has been falselymade by the police.He has been implicated in this case on the basis of second statement of the informant.Thereafter his confessional statement has been recorded by the

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police.The criminal appeal of the co-accused Sonu Patel has been rejected by this Bench. The appellant has been falsely implicated in this case.It is a case of malicious prosecution under the provisions of S.C./S.T. Act. He has no criminal history to his credit and is languishing in jail since 7.8.2022. In case, the appellant is released on bail, he will not misuse the liberty of bail.

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6.Per contra, learned A.G.A. has supported the order passed by the Sessions court and vehemently opposed the prayer for grant of bail to the appellant and submits that the allegations involved are very serious in nature. But he could not point out any material to the contrary. He further submits that in case the appellant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail.

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7.It appears from the arguments advanced by the counsel for the parties and from perusal of material on record that the court below has not properly considered the case of the appellant. Hence, in view of above consideration, the order of rejection of bail passed by the court below dated 14.10.2022 is, hereby, set aside.

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8.Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the appellant; keeping in view uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; appellant being undertrial having fundamental right to speedy; larger mandate of the Article 21 of the Constitution of India, considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, Court is of the opinion that the appellant is entitled to be enlarged on bail.

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9.Let appellant, Gabbar Sharma @ Deepu be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:

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(i) The appellant shall not directly or indirectly 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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(ii) The appellant shall not pressurize/intimidate the prosecution witnesses.

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(iii) 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 of Cr.P.C.

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(iv) The appellant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court.

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(v) The appellant shall remain present before the trial court on each date fixed, either personally or through his counsel.

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(vi) The appellant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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10.In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. If in the opinion of the trial court that absence of the appellant 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 in accordance with law.

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11.The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously in accordance with law after the release of the appellant, if there is no other legal impediment.

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12.It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said

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in this order.

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13.The criminal appeal is allowed.

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Order Date :- 10.5.2023 Atul kr. sri.

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Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad

Gabbar Sharma @ Deepu v. State of U.P. and Another

Case brief

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Gabbar Sharma @ Deepu v. State of U.P. and Another

Case brief

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