Allowed

Umesh Chandra Tripathi v. State of U.P. and Another

Allahabad HC17 Jul 2023CRLA/5880/2023

Case brief

AI extract

What is this about?

In Criminal Appeal No. 5880 of 2023, the Allahabad High Court allowed the appellant's appeal against the rejection of bail in a case involving SC/ST atrocities and IPC offences. The single-judge bench held that the appellant satisfied bail requirements and set aside the lower court's rejection order, releasing him on personal and surety bonds subject to standard conditions.

What did the court decide?

Impugned bail rejection order set aside; appellant released on bail on furnishing personal bond and two sureties.

Umesh Chandra Tripathi Vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:141199

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Court No. - 85

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Case :- CRIMINAL APPEAL No. - 5880 of 2023

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Appellant :- Umesh Chandra Tripathi Respondent :- State of U.P. and Another Counsel for Appellant :- Arvind Kumar Mishra Counsel for Respondent :- G.A.,Ganesh Shanker Srivastava,Sonu Nirmal

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Hon'ble Mayank Kumar Jain,J.

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Counter affidavit filed on behalf of first informant is taken on record.

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Heard learned counsel for the appellant, Sri Sonu Nirmal, learned counsel for the informant, learned Additional Government Advocate for the State of U.P. and perused the record.

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This criminal appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant with the prayer to set aside the bail rejection order dated 02.05.2023 passed by learned Special Judge SC/ST (P.A.) Act/Additional District & Sessions Judge, Siddharth Nagar in Bail Application No. 720 of 2023, arising out of Case Crime No. 154 of 2022, under Sections 323, 504, 506, 324, 325, 326 IPC and Sections 3 (1) (d), 3 (1) (dh), 3 (2) (v) & 3 (2) (va) of SC/ST (P.A.), Act, 1989, Police Station Khesaraha, District Siddharth Nagar.

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As per the version of F.I.R., on 02.10.2022 at around 2 pm, appellant alongwith other co-accused persons abused the infomant and also beaten him and his brother Abhishek with wooden stick as well as kick and fists as a result of which they received injuries in their left hands.

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Learned counsel for the appellant argued that the appellant has been falsely implicated in this case. As per the allegation of first information report, general role of assault has been attributed to all the accused persons. Injured and eye witness had also assigned general role to the appellant in their statements. It is further submitted that there is cross version and F.I.R. bearing Case Crime No. 150 of 2022 was also lodged against the informant and others by the son of the appellant in which he received injuries. It is further submitted that similarly placed co-accused Pinku @ Brij

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Kishor Tripathi has already been granted bail by the co-ordinate Bench of this Court vide orde order dated 15.05.2023 passed in Criminal Appeal No. 2699 of 2023. The appellant does not have any criminal history to his credit. Lastly, it is submitted by learned counsel for the appellant that there is no chance of the appellant fleeing away from the judicial process or tampering with the prosecution evidence. The appellant is languishing in jail since 01.05.2023 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.

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Per contra, learned A.G.A. assisted by learned counsel for the informant opposed the prayer for bail but could not dispute the aforesaid factual aspects of the matter.

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Having regard to the facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, this Court is of the view that the appellant has made out a case for bail. The Court below erred in rejecting the bail application. The impugned order suffers from infirmity and illegality and the same is liable to be set-aside and the appeal is liable to be allowed.

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Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside.

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Let the appellant, namely, Umesh Chandra Tripathi involved in the above Case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The appellant will not tamper with the evidence during the trial.

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(ii) The appellant will not pressurize/intimidate the prosecution witness.

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(iii) The appellant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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(v) The appellant shall not directly or indirectly make any

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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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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 17.7.2023 AKT

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

Umesh Chandra Tripathi v. State of U.P. and Another

Case brief

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Umesh Chandra Tripathi v. State of U.P. and Another

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