Allowed

Rajesh Yadav Alias Lallan Yadav v. State of U.P. and Another

Allahabad HC20 Apr 2023CRLA/7225/2019

Case brief

AI extract

What is this about?

Appeal against rejection of bail under SC/ST Act. High Court set aside lower court's order, noting flawed investigation and lack of proper fact consideration, granting bail with conditions prohibiting witness intimidation and mandating trial conclusion within one year.

What did the court decide?

Appellant released on bail with personal bond and two sureties; trial to be concluded within one year; conditions imposed against tampering and witness pressure.

Rajesh Yadav Alias Lallan Yadav Vs State of U.P. and… — Caste Atrocities | Allahabad HC (2023)

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Court No. - 80

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Case :- CRIMINAL APPEAL No. - 7225 of 2019

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Appellant :- Rajesh Yadav Alias Lallan Yadav Respondent :- State of U.P. and Another Counsel for Appellant :- Anil Kumar Rai,Durgesh Kumar Singh,Purushottam Upadhyay,Ram Jatan Yadav,Shailesh Kumar Yadav

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Counsel for Respondent :- G.A.,Dheerendra Kumar Srivastava

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Hon'ble Siddharth,J.

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List has been revised.

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Heard Sri Ram Jatan Yadav, learned counsel for the appellant; learned A.G.A for opposite party no.1; Sri Dheerendra Kumar Srivastava, learned counsel for opposite party no. 2 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 13.09.2019 whereby the Special Judge, SC/ST Act, Ghazipur has rejected the bail application of the appellant moved by him in Case Crime No. 1037 of 2016 / Special Trial No. 87 of 2019, under Sections- 419, 420, 504, 506 IPC and Section 3(1)da, 3(1)dha, 3(2)5-a of SC/ST (P.A.) Act, Police Station- Kotwali, DistrictGhazipur.

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There is allegation against the appellant that he has collected Rs. 3,63,800/- from the informant and other persons on the promise of providing pension, admission in course and sanction of scholarships, etc.

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Learned counsel for the appellant has submitted that it is a case of false implication by the informant who belongs to schedule caste. There is no evidence of alleged payments. All the amounts alleged are stated to be paid in cash. The appellant has been falsely implicated in this case. Not a single witness has been produced before the trial Court in trial. The appellant has no criminal history to his credit and is languishing in jail since 13.09.2019. It is a case of malicious prosecution under the provisions of SC/ST Act. 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 facts of the case. Hence, in view of above consideration, the order of rejection of bail passed by the court below dated 13.09.2019 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, Rajesh Yadav Alias Lallan Yadav, 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 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

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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 within period of one year 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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Registrar (compliance) is directed to communicate this order to the trial Court for necessary compliance within a week.

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Order Date :- 20.4.2023 Rohit

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Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad

Rajesh Yadav Alias Lallan Yadav v. State of U.P. and Another

Case brief

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Rajesh Yadav Alias Lallan Yadav v. State of U.P. and Another

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