Allowed

Dharampal v. State of U.P. and Another

Allahabad HC7 Nov 2023CRLA/10509/2023

Case brief

AI extract

What is this about?

The High Court set aside the trial court's rejection of bail for the appellant in a gang rape case. Due to jail overcrowding and the fundamental right to speedy trial under Article 21, the Court granted bail without expressing an opinion on the case merits, subject to standard conditions.

What did the court decide?

Appellant released on bail with personal bond and two sureties, subject to conditions of appearing in court and not interfering with witnesses or evidence.

Dharampal Vs State of U.P. and Another — Pension and Retirement Benefits | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC:214343

¶2

Court No. - 85

¶3

Case :- CRIMINAL APPEAL No. - 10509 of 2023

¶4

Appellant :- Dharampal Respondent :- State of U.P. and Another Counsel for Appellant :- Sandeep Kumar Srivastava Counsel for Respondent :- G.A.

¶5

Hon'ble Mayank Kumar Jain,J.

¶6

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

¶7

Rejoinder affidavit filed today is taken on record.

¶8

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

¶9

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 orders dated 21.09.2023 & 10.10.2023 whereby the Special Judge, SC/ST Act, Amroha has rejected the bail application of the appellant moved by him in Complaint Case No. 91 of 2022, under Sections 376D, 506 of IPC, and Section 3(1)Dha of SC/ST Act, Police Station Baccharayun, District J.P. Nagar (Amroha).

¶10

There is an allegation against the appellant that appellant along with other co-accused had committed gang rape with the prosecutrix on 25.09.2021 at around 4.30 pm.

¶11

Learned counsel for the appellant has submitted that appellant is innocent and has been falsely implicated in this case. The investigation was set to motion on the basis of the FIR while Investigating Officer concluded the investigation and submitted the final report in the matter. Thereafter a protest petition was filed by the informant which was registered as complaint case. After recording statement under Section 200 and 202 Cr.P.C. the appellant is summoned to face trial. It is submitted that there is a cross version of the incident also. The present case was lodged by the informant as a counterblast case of the incident dated 17.08.2021 for which an application under Section 156(3) Cr.P.C. was moved by one Bramhpal Singh which was registered as a

¶12

complaint case and accused were summoned to face the trial. It is submitted that no medial examination of the prosecutirx was conducted which can corroborate the version of the gang rape. It is a case of malicious prosecution under the provisions of S.C./S.T. Act. Applicant is languishing in jail since 10.09.2023 having no criminal history. In case, the appellant is released on bail, he will not misuse the liberty of bail.

¶13

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.

¶14

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 21.09.2023 is, hereby, set aside.

¶15

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.

¶16

Let appellant, Dharampal 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:

¶17

(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.

¶18

(ii) The appellant shall not pressurize/intimidate the prosecution witnesses.

¶19

(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.

¶20

(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.

¶21

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

¶22

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

¶23

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.

¶24

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.

¶25

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.

¶26

The criminal appeal is allowed.

¶27

Order Date :- 7.11.2023 Mohit

¶28

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

Dharampal v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Dharampal v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Banti @ Shiv Kumar Vs State of U.P. and Another

Sonu Pandey @ Devbrat Pandey Vs State of U.P. and Another

Smt. Madhuri Vs State of U.P. and 3 Others

Vinod Kumar Bind Vs State of U.P. and Another

Salman and Another Vs State of U.P. and 6 Others

Shyamu Vs State of U.P. and Another