Allowed

Babbu @ Surendra v. State of U.P. and Another

Allahabad HC20 Apr 2023CRLA/659/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a criminal appeal against the rejection of bail in a murder case under the SC/ST Act. Finding that the lower court did not properly consider the appellant's case, ignored the accused side, and that jails were overcrowded, the court set aside the impugned order and directed the release of the appellant on bail with conditions.

What did the court decide?

Impugned order rejecting bail was set aside; appellant was directed to be released on bail by furnishing a personal bond and two reliable sureties subject to specific conditions.

Babbu @ Surendra Vs State of U.P. and… — Pension and Retirement Benefits | Allahabad HC (2023)

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Court No. - 80

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Case :- CRIMINAL APPEAL No. - 659 of 2023

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Appellant :- Babbu @ Surendra Respondent :- State of U.P. and Another Counsel for Appellant :- Shyam Sunder Mishra Counsel for Respondent :- G.A.

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Hon'ble Siddharth,J.

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As per ofÏce report dated 28.2.2023, notice on opposite party no.2 has been served, but no one has put in appearance on behalf of opposite party no.2 to oppose this appeal.

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Heard learned counsel for the appellant; learned AGA for opposite party no.1 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 5.1.2023, whereby the Special Judge, SC/ST Act,/Additional Sessions Judge, Ghaziabad has rejected the bail application of the appellant moved by him in Case Crime No. 350 of 2022, under Sections 302,34 IPC and Section 3(2)(V) S.C./S.T. Act Police Station Bhojpur, District Ghaziabad.

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There is allegation against the appellant and four coaccused that they have caused the murder of the father of the informant in the night on 17.10.2022.

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Learned counsel for the appellant has submitted that it is a case of circumstantial evidence. In the confessional statement of co-accused, Raja he has stated that on fateful day he along with other coaccused person took liquor together and thereafter hatched conspiracy to murder of the deceased.He has accepted that all four accused caused the injury to the deceased, Rajpal, on his head and tied angochha on his neck. It is further submitted that except the confessional statement of co-accused there is no evidence against the appellant. Two Danda has been recovered from co-accused Raja @

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Rajiv and and Gaurav. The appellant has been falsely implicated in this case.The motive of dispute regarding share cropping between the appellant and deceased, not correct. He has no criminal history to his credit and is languishing in jail since 21.10.2022. 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. has 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 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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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 5.1.2023 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; 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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Let appellant, Babbu @ Surendra 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) 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.

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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 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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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

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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 :- 20.4.2023 Atul kr. sri.

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

Babbu @ Surendra v. State of U.P. and Another

Case brief

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Babbu @ Surendra v. State of U.P. and Another

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