Allowed

Nasir v. State of U.P. and Another

Allahabad HC17 Apr 2023CRLA/9277/2022

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a criminal appeal against an order rejecting bail. The court quashed the lower court's order and enlarged the appellant on bail, citing jail overcrowding and limited prejudice to the investigation without evaluating the case merits.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties, subject to conditions regarding tampering with evidence, intimidating witnesses, and attending court dates.

Nasir Vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2023)

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Court No. - 80

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Case :- CRIMINAL APPEAL No. - 9277 of 2022

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Appellant :- Nasir Respondent :- State of U.P. and Another Counsel for Appellant :- Ram Badan Maurya Counsel for Respondent :- G.A.

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Hon'ble Siddharth,J.

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Learned A.G.A. has filed counter affidavit wherein report of the concerned police station brought on record, the service of notice has been effected upon the opposite party no.2 but no one has put in appearance on behalf of the opposite party no.2.

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Heard learned counsel for the appellant; learned AGA for the State 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 6.10.2022, whereby the Special Judge, SC/ST Act, Mainpuri has rejected the bail application of the appellant moved by him in Case Crime No. 423 of 2021, under Section 302 IPC and Section 3(2)5 SC/ST Act, Police Station Bhogaon, District Mainpuri.

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There is allegation against the unknown accused regarding commission of offence of murder of the women belonging to Schedule caste. Learned counsel for the appellant has submitted that informant is brother of the deceased and it is alleged in the First Information Report that deceased had strained relationship with her husband and some one has caused her murder.After two months, the second statement of the informant has been recorded wherein he stated that appellant was close to the deceased, therefore, he has caused her murder.In case informant was aware of the role of the appellant, he could named the appellant in the F.I.R. The order of the court below is not justified. Appellant has no criminal history to his credit and is languishing in jail since 3.7.2022. 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

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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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In view of above, the order of rejection of bail passed by the court below dated 6.10.2022 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; applicant 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, Nasir 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 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 :- 17.4.2023 Atul kr. sri.

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

Nasir v. State of U.P. and Another

Case brief

What is this about?

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Nasir v. State of U.P. and Another

Case brief

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