Allowed

Tinku Sharma v. State of U.P. and Another

Allahabad HC15 May 2023CRLA/2356/2021

Case brief

AI extract

What is this about?

The Allahabad High Court allowed the criminal appeal filed by Tinku Sharma to set aside the Additional Session Judge's order rejecting his bail application. The Court found the investigation one-sided, noted fundamental right to speedy trial under Article 21, and ordered release on bail with specific conditions, explicitly stating no expression of opinion on the merits of the case was intended.

What did the court decide?

Appellant released on bail by furnishing a personal bond and two reliable sureties subject to eight specific conditions regarding reporting, conduct, and appearance in court.

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

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Neutral Citation No. - 2023:AHC:105668

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Court No. - 80

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Case :- CRIMINAL APPEAL No. - 2356 of 2021

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Appellant :- Tinku Sharma Respondent :- State of U.P. and Another Counsel for Appellant :- Ravi Shankar Tripathi,Adesh Kumar,Adya Prasad Tewari,Akhileshwar Pratap Singh Counsel for Respondent :- G.A.,Surya Nath Bhatt

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Hon'ble Siddharth,J.

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

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2.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 3.4.2021, whereby the Additional Session Judge/Special Judge, SC/ST Act, Budaun has rejected the bail application of the appellant moved by him in Case Crime No. 145 of 2019, under Sections 323,324,504,506,427 IPC and Section 3(1)(Da) SC/ST Act, Police Station Ughaiti, District Budaun.

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3.There is allegation against the appellant of beating and threatening a person belonging to schedule caste.

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4.Learned counsel for the appellant has submitted that injury suffered by the injured has been found to be simple in nature. 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 criminal history of eight cases, which has been explained in paragraph-20 of the bail application.Appellant is languishing in jail since 22.3.2021. In case, the appellant is released on bail, he will not misuse the liberty of bail.

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5.Per contra, learned A.G.A. and learned counsel for the opposite party no.2 have 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

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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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6.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 3.4.2021 is, hereby, set aside.

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7.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 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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8.Let appellant, Tinku Sharma 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)Appellant will report in police station Ughaiti District Budaun in every month of first week

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

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

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

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9.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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10.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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11.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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12.The criminal appeal is allowed.

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Order Date :- 15.5.2023 Atul kr. sri.

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

Tinku Sharma v. State of U.P. and Another

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Tinku Sharma v. State of U.P. and Another

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