Disposed

Ayyub and 2 Others v. State of U.P. and Another

Allahabad HC3 May 2023CRLA/436/2023

Case brief

AI extract

What is this about?

The High Court refused the appeal to quash charge-sheets and proceedings under the SC/ST Act. It disposed of the appeal, directing the trial court to consider bail applications expeditiously if appellants appear within 30 days, citing Supreme Court guidelines on speedy bail disposal.

What did the court decide?

Appeal disposed of; trial court directed to consider bail expeditiously if appellants appear within 30 days and apply.

Ayyub and 2 Others Vs State of U.P… — Constitutional and Fundamental Rights | Allahabad HC (2023)

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Court No. - 81

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Case :- CRIMINAL APPEAL No. - 436 of 2023

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Appellant :- Ayyub And 2 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Shashi Prakash Pandey Counsel for Respondent :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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As per the report submitted by the Chief Judicial Magistrate, Bulandshahar, the opposite party no.2 has been sufficiently served. However, no one is present on his behalf.

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Heard Shri S.P. Pandey, learned counsel for the appellants as well as learned Additional Government Advocate for the State and perused the record.

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The instant appeal under Section 14-A(1) SC/ST (Prevention of Atrocities) Act, has been filed by the appellants- Ayyub, Sheruddin and Chand with the prayer to allow the present appeal and set aside the order dated 14.10.2022 and entire proceedings of Special Sessions Case No. 4547 of 2022 (State vs. Ayyub and others), arising out of Case Crime No. 514 of 2022, under Sections 323, 504 I.P.C. and Section 3(2)(5)Ka of SC/ST Act, Police Station Kotwali Dehat, District Bulandshahar, pending in the Court of Special Judge, S.C/S.T. (P.A.) Act, Bulandshahar.

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Learned counsel for the appellants has made many factual submissions to demonstrate that the FIR was lodged on false and concocted facts just to pressurize and harass the appellants and the Investigating Officer without going deep into the matter in a cursory manner has submitted the charge sheet, and the court below has taken cognizance without considering the matter in right perspective and, therefore, the charge sheet, the order of the Special Court, whereby the cognizance has been taken and process is issued are bad in law and the same be quashed.

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Learned A.G.A. while controverting the arguments of the learned counsel for appellants submits that, the arguments of the learned counsel for appellants is, with regard to the factual aspects of the case which cannot be appreciated at this stage, as only a primafacie case is required to be seen at the stage of taking of cognizance and issuance of process.

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From the perusal of the material on record and looking into the

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facts of the case at this stage, it cannot be said that no offence is made out against appellants. All the submissions made at the bar, relate to the disputed questions of fact, which cannot be appreciated by this Court as at this stage only a primafacie case is to be seen in the light of the law laid down by Supreme Court in the cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal , 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma , 1992 SCC (Cr.) 192, Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq, another (Para-10) 2005 SCC (Cr.) 283, Parabatbhai Ahir & Ors. Vs. State of Gujarat AIR 2017 SC 4843 and lastly State of Gujrat Vs Afroz Mohammed Hasanfatta reported in MANU/SC/0139/2019.

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Therefore, keeping in view the facts and circumstances of the case, the prayer for quashing the Charge-sheet, summoning order as well as all proceedings of the aforesaid case is hereby refused.

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Hon'ble Supreme Court in Hussain and Ors. Vs. Union of India (UOI) and Ors. reported in MANU/SC/0274/2017, In Re: To issue certain Guidelines Regarding inadequacies and deficiencies in Criminal Trials v. State of Andhra Pradesh and others, MANU/SC/0292/2021 have given various directions to criminal Courts for expeditious disposal of Bail applications. The ratio of above mentioned decisions in quite clear that, in the backdrop of Article 21 of the Constitution of India as the personal liberty of a person is at stake, the bail applications should be decided, expeditiously.

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Hon'ble Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and others : (2021) 10 SCC 773 has issued various guidelines and provided a scheme with regard to the cases where the Charge Sheet has been filed without arrest of the accused person(s) during investigation and accused person(s) have Cooperated throughout in the investigation including appearing before the Investigating Officer whenever called. Apex Court has also provided special procedure with regard to such cases where the charge sheet has been submitted under offences punishable with up to seven years of imprisonment. The law laid down by the Hon'ble Supreme Court in Satendra Kumar Antil (supra) has been reiterated in the recent judgement in Aman Preet Singh Vs. C.B.I. through Director : 2021 SCC OnLine SC 941.

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In the backdrop of aforesaid decisions and keeping in view the entirety of facts and circumstances of the case and having regard to the request of learned counsel for the appellants, the appeal is disposed of with direction to the trial Court that if the

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appellants appear and surrender before the Court below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided expeditiously by the Court below strictly in accordance with the law referred to herein above.

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Order Date :- 3.5.2023 Praveen

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

Ayyub and 2 Others v. State of U.P. and Another

Case brief

What is this about?

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Ayyub and 2 Others v. State of U.P. and Another

Case brief

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