Allowed

Khaliq Ahmad v. State of U.P. and Another

Allahabad HC20 Nov 2023CRLA/10516/2023

Case brief

AI extract

What is this about?

In a criminal appeal, the High Court set aside the trial court's order rejecting bail for the appellant. Despite serious charges including rape, the Court granted bail primarily due to overcrowding in jails and lack of adequate consideration of the appellant's case by the lower court, without adjudicating merits.

What did the court decide?

Appellant Khaliq Ahmad released on bail upon furnishing a personal bond and two reliable sureties, subject to standard conditions regarding tampering with evidence and presence in court.

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

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Neutral Citation No. - 2023:AHC:219554

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Court No. - 85

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Case :- CRIMINAL APPEAL No. - 10516 of 2023

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Appellant :- Khaliq Ahmad Respondent :- State of U.P. and Another Counsel for Appellant :- Deepak Maurya,Sahil Srivastava Counsel for Respondent :- G.A.

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Hon'ble Mayank Kumar Jain,J .

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Counter affidavit filed by learned AGA is taken on record.

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It is also informed that service of notice upon respondent no.2 is sufficient.

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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 20.09.2023 whereby the Special Judge, SC/ST Act, Saharanpur has rejected the bail application of the appellant moved by him in Case Crime No.287 of 2023, under Sections 147, 323, 328, 376D, 504, 506 of IPC and Section 3(2) (V) of SC/ST Act, Police Station Kotwali Dehat, District Saharanpur.

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There is allegation in the FIR against the named persons that on 30.6.2023 they committed gang-rape with the prosecutrix on gun point. They snatched Rs.2000/- from her and compelled her to eat non-vegetarian food and also addressed her with caste related words. It is also submitted that appellant is innocent and has been falsely implicated in this case. The applicant is not named in the FIR. The age of the applicant is 75 years and it is impossible for a person to commit rape. It is submitted that since it is alleged in the FIR that the cost related words were addressed inside the room, therefore, no offence under Section 3(2)(5) of SC/ST Act was made.

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The applicant is the friend of the named person and only for that reason, he has been implicated in the case. He submitted that in the first information report only general role has been assigned while during the statement of the injured, Ashok and Ramkishan, the

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appellant is assigned the role of exhortation. No incriminating article has been recovered from the possession of the appellant on the pointing of the appellant. It is submitted that the injury sustained by injured Ramkishan was found to be simple in nature while the injuries sustained by injured Ashok are not caused by the appellant since he has assigned the role of only exhortation. It is a case of malicious prosecution under the provisions of S.C./S.T. Act. Applicant is languishing in jail since 8.9.2023, 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 20.9.2023 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, Khaliq Ahmad 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

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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 :- 20.11.2023

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m.a.

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Digitally signed by :- MOHAMMAD AYYUB High Court of Judicature at Allahabad

Khaliq Ahmad v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Khaliq Ahmad v. State of U.P. and Another

Case brief

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