Allowed

Sharukh Siddiqi v. State of U.P. and Another

Allahabad HC3 Oct 2023CRLA/6335/2023

Case brief

AI extract

What is this about?

The Appellate Court set aside the Special Judge's order rejecting bail. Deciding not to determine the merits, the Court enlarged the appellant on bail citing fundamental rights and jail overcrowding, subject to standard conditions.

What did the court decide?

The appellant Sharukh Siddiqi was released on bail subject to furnishing a personal bond and two sureties, and compliance with conditions regarding tampering, intimidation, and attendance in court.

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

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Neutral Citation No. - 2023:AHC:188763

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Court No. - 85

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Case :- CRIMINAL APPEAL No. - 6335 of 2023

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Appellant :- Sharukh Siddiqi Respondent :- State of U.P. and Another Counsel for Appellant :- Raghuvansh Misra Counsel for Respondent :- G.A.,Ashutosh Kumar Gautam,Rajesh Kumar Patel

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Hon'ble Mayank Kumar Jain,J.

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Heard learned counsel for the appellant, learned AGA for opposite party no.1 and learned counsel for the informant 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 20.03.2023 whereby the Special Judge, SC/ST Act, Gorakhpur has rejected the bail application of the appellant moved by him in Case Crime No. 781 of 2020, under Sections 376, 504, 506 of IPC, and Section 3(1)Da, 3(2)5 of SC/ST Act and Section 67 of Information Technology Act, Police Station Kotwali, District Gorakhpur.

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As per the FIR the case of prosecution is that the informant was working as Nurse in the hospital. The appellant once visited the hospital and both of them developed intimate relations with each other. From 13.06.2019 the appellant started to live with informant and he made physical relations with the victim on the basis of promise of marriage. On 15.08.2019 the appellant disappeared without informing the victim. When she was contacted on mobile phone he informed that he was in foreign country and will marry with her after returning from there. In the meantime for a period of one year the informant continued to have conversation with the appellant. In the month of August, 2020 the appellant refused to marry with the informant and made the obscene video viral. On making complaint the appellant addressed the informant with caste related words and threatened her also.

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It is submitted that appellant has been falsely implicated in the present case and admitted that the victim is major and she was a consenting party and remained in the company of the appellant at her own accord. Therefore, no offence of rape is made out against

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the appellant. The medical report also does not corroborate the version of the FIR. In her statement under Section 161 and 164 Cr.P.C. she has admitted that she was having love affair with the appellant. So far as the offence under Section 67 of I.T. Act is concerned, the query was made by filing an application before the trial Court and pursuant to it, it was replied that no such obscene video or photographs are available on record. It is also submitted that the family members of the appellant were also falsely implicated in this case and they have been granted protection by co-ordinate Bench of this Court. It is a case of malicious prosecution under the provisions of S.C./S.T. Act. Applicant is languishing in jail since 07.03.2023 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. assisted by learned counsel for the informant has supported the order passed by the Sessions court and vehemently opposed the prayer for grant of bail to the appellant and argued that after investigation charge sheet under Section 67 of I.T.Act is also filed against the appellant. It is also submitted that victim is a disabled lady and knowing this fact appellant made false promise of marriage and established physical relations with her.

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In rebuttal, it is submitted that this fact that the informant was disabled was not mentioned neither in the FIR nor narrated by her in her statements recorded under Section 161 and 164 Cr.P.C.

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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 20.03.2023 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, Sharukh Siddiqi 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

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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 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 :- 3.10.2023 Mohit

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

Sharukh Siddiqi v. State of U.P. and Another

Case brief

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Sharukh Siddiqi v. State of U.P. and Another

Case brief

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