Allowed

Sadabriksh Kushwaha v. State of U.P. and Another

Allahabad HC16 Feb 2023CRLA/6499/2022

Case brief

AI extract

What is this about?

Single judge allowed the criminal appeal dismissing the bail rejection order under the SC/ST Act, directing the release of the appellant on personal bond and two sureties subject to conditions.

What did the court decide?

Impugned order of bail rejection set aside; appellant released on personal bond and two sureties with conditions to cooperate in trial and not tamper with evidence.

Sadabriksh Kushwaha Vs State of U.P. and… — Pension and Retirement Benefits | Allahabad HC (2023)

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Court No. - 93

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Case :- CRIMINAL APPEAL No. - 6499 of 2022

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Appellant :- Sadabriksh Kushwaha Respondent :- State of U.P. and Another Counsel for Appellant :- Om Prakash Verma,Arvind Kumar Maurya Counsel for Respondent :- G.A.,Arunesh Kumar Singh

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Hon'ble Surendra Singh-I,J.

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Heard learned counsel for the appellant, learned A.G.A. appearing on behalf of the State and perused the material available on record.

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The present criminal appeal under Section 14-A(2) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed against the order dated 31.08.2022 passed by the Special Judge (SC/ST) Act, Kushinagar at Padarauna whereby the learned Judge has rejected the Bail Application No. 1118 of 2022 arising out of Case Crime No. 47 of 2022, under Sections 323, 504, 506, 307, 324 I.P.C. and Section 3(2)(V) of SC/ST Act, police station Hanumanganj, district Kushinagar.

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According to prosecution case, on 28.03.2022 at 6.00 p.m. the appellant accused Sadabriksh Kushwaha, five named and some unnamed accused persons have prepared unlawful assembly on the informant's land, and on his objection, they hurled derogatory abuses relating to caste and attacked upon the informant with farsa and his wife with lathi danda due to which the informant received fatal injury.

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It has been submitted on behalf of the appellant that the appellant is innocent and has been falsely implicated in the present case due to property dispute. It is also submitted that injury received by the informant Rooplal and his wife are simple in nature. It is further submitted that the appellant has no criminal history to his credit. It is in the last submitted that the appellant is in jail since 28.05.2022 and, in case he is released on bail he will not misuse the liberty of bail.

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Per contra, learned A.G.A. for the State opposed the prayer for bail of the appellant, but could not dispute the aforesaid factum of the case as argued by the learned counsel for the appellant.

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Considering the arguments advanced by learned counsel for the

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applicant and learned AGA, the facts and circumstances of the case, nature of the offence, evidence appearing in the case, complicity of the accused, injury report of informant and his wife, statements recorded under Section 161 CrPC of the injured and other witnesses, the period of incarceration undergone by the appellant accused but without expressing any opinion on the merits of the case, this Court is of the opinion that the appellant has made out a case for bail.

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Accordingly, the appeal is hereby allowed. The impugned order dated 31.08.2022 rejecting the bail application of the appellant is hereby set aside.

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Let the appellant Sadabriksh Kushwaha be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) That the appellant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable.

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(ii) That 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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(iii) That after his release, the appellant shall not involve in any criminal activity.

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(iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the appellant on bail.

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It is made clear that in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the appellant. 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/J.J.Board shall be absolutely free to arrive at its independent conclusions on the basis of evidence led, uninfluenced by any finding or observation whatsoever in this order.

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Order Date :- 16.2.2023 Pratima

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Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad

Sadabriksh Kushwaha v. State of U.P. and Another

Case brief

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Sadabriksh Kushwaha v. State of U.P. and Another

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