Allowed

Kanhaiya v. State of U.P. and Another

Allahabad HC21 Apr 2023CRLA/9769/2022

Case brief

AI extract

What is this about?

The High Court allowed an appeal against an order rejecting the appellant's bail application. The Court granted bail citing parity with a co-accused already on bail, overcrowded prisons, and the right to a speedy trial under Article 21, leaving the merits of the case untouched.

What did the court decide?

The appellant Kanhaiya was released on bail by furnishing a personal bond and two sureties subject to standard conditions including prohibition of witness tampering, intimidation, and seeking adjournm

Kanhaiya Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2023)

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Court No. - 80

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Case :- CRIMINAL APPEAL No. - 9769 of 2022

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Appellant :- Kanhaiya Respondent :- State of U.P. and Another Counsel for Appellant :- Atharva Dixit,Aushim Luthra,Sr. Advocate Counsel for Respondent :- G.A.,Rajeev Kumar Saxena

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Hon'ble Siddharth,J.

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Heard Sri Manish Tewary, learned Senior Advocate, assisted by Sri Atharva Dixit, learned counsel for the appellant; learned AGA for opposite party no.1; Sri Rajeev Kumar Saxena, 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 23.11.2022, whereby the Special Judge, SC/ST Act, Auraiya has rejected the bail application of the appellant moved by him in Case Crime No. 277 of 2022, under Sections 147, 148, 149, 323, 504, 452, 302 IPC and Sections 3(2)(V), 3(1(r) and 3(1(s) SC/ST (Prevention of Atrocities) Act, Police Station Acchalda, District Auraiya. .

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The co-accused, Rajendra Kumar, has been enlarged on bail in Criminal Appeal No.9359 of 2022. The prayer for release of the appellant on bail on the ground of parity has been made. The appellant is languishing in jail since 15.09.2022.

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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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Considering the fact that the identically placed co-accused has already been released on bail by this Court, without expressing any opinion on the merits of the case and for the reasons disclosed in the order of co-accused, the Court is of the view that it is a fit case for bail.

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In view of above, the order of rejection of bail passed by the court below dated 23.11.2022 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; 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 considering the fact that the identically placed co-accused has already been released on bail by this Court,

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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, Kanhaiya , 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 :- 21.4.2023 SS

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Digitally signed by :- SURENDAR SINGH NARANG High Court of Judicature at Allahabad

Kanhaiya v. State of U.P. and Another

Case brief

What is this about?

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Kanhaiya v. State of U.P. and Another

Case brief

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