Allowed

Rohit Yadav v. State of U.P. and Another

Allahabad HC3 Nov 2023CRLA/10387/2023

Case brief

AI extract

What is this about?

The High Court allowed the criminal appeal rejecting the trial court's bail refusal. The Court set aside the impugned order and granted bail due to improper consideration by the trial court and the mandate of Article 21 regarding jail overcrowding, without expressing an opinion on the merits.

What did the court decide?

Criminal appeal allowed; bail granted to the appellant subject to furnishing a personal bond, two sureties, and specific conditions regarding conduct and appearance in court.

Rohit Yadav Vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:210797

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Court No. - 85

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Case :- CRIMINAL APPEAL No. - 10387 of 2023

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Appellant :- Rohit Yadav Respondent :- State of U.P. and Another Counsel for Appellant :- Rajesh Nath Tripathi,Ajeet Singh,Kamlesh Kumar Counsel for Respondent :- G.A.

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Hon'ble Mayank Kumar Jain,J.

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List has been revised. Despite service of notice upon the opposite party no.2, no one appears on his behalf.

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

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The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant to set aside the impugned order dated 05.01.2023 whereby the Special Judge, SC/ST Act, Ghazipur has rejected the bail application of the appellant moved by him in Case Crime No. 97 of 2023, under Sections 506, 509 of IPC, and and Section 67 of I.T. Act and Section 3(1)Da, 3(1)Dha, 3(2), 5Ka of SC/ST Act, Police Station Mohammadabad, District Ghazipur.

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There is an allegation against the appellant that he took the photograph of the daughter of the informant and uploaded it on his facebook account. When a complaint was made on 03.05.2023 the appellant and his father addressed the informant with caste related words.

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Learned counsel for the appellant has submitted that appellant is innocent and has not committed any such offence as described in the FIR. The victim during her statement under Section 161 Cr.P.C. stated that she did not know when the appellant took her photographs. No such photographs were recovered during investigation while charge sheet has been filed. It is submitted that the offence is punishable with the sentence of less than seven years. It is a case of malicious prosecution under the provisions of S.C./S.T. Act. Appellant is languishing in jail since 05.09.2023 having no criminal history. In case, the appellant is released on bail, he will not misuse the liberty of bail.

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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.

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It appears from the arguments advanced by the counsel for the parties and from perusal of material on record that the trial court has not properly considered the case of the appellant. Hence, in view of above consideration, the order of rejection of bail passed by the trial court dated 5.1..2023 is, hereby, set aside.

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Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the appellant; appellant being under-trial 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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Let appellant, Rohit Yadav 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 officer 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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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 sufficient 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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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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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 in this order.

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The criminal appeal is allowed.

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Order Date :- 3.11.2023 Mohit

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Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad

Rohit Yadav v. State of U.P. and Another

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Rohit Yadav v. State of U.P. and Another

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