Sonu Khan @ Sadiq and Another Vs State of U.P. Thru. Prin.Secy. Home and Another

Neutral Citation No. - 2024:AHC-LKO:42547

Court No. - 11

Case :- CRIMINAL APPEAL No. - 1536 of 2024 Appellant :- Sonu Khan @ Sadiq And Another Respondent :- State Of U.P. Thru. Prin.Secy. Home And Another Counsel for Appellant :- Ashutosh Pratap Singh Counsel for Respondent :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Ashutosh Pratap Singh, the learned counsel for the appellants, Sri G.D. Bhatt, the learned A.G.A-I for the State and perused the record.

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This is an appeal filed under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the order dated 19.04.2024 passed by the learned Additional District and Sessions Judge/Special Judge SC/ST Act, Pratapgarh, whereby rejecting the Bail Application No. 3318/2023 (Sonu Khan @ Sadiq and Another Vs. State of U.P. And Another) filed by the accused/appellants for their release in Case Crime No. 197 of 2023, under Sections 323, 504, 506 IPC & 3(1)(Da), 3(1)(Dha), 3(2)(5a) of SC/ST Act, Police Station Mahesganj, District Pratapgarh.

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The aforesaid case has been registered on the basis of F.I.R lodged on 11.11.2023 at 18:40 hours, alleging that the accused/appellants had assaulted the informant with sticks at about 04:00 pm on 08.11.2023. When the informant's mother, brother and some other neighbors came there, the appellant no.1 abused the informant's wife and pushed her.

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In the affidavit filed in support of the application, it has been stated that the accused/appellants are innocent, they have been falsely implicated in the present case and they have no criminal history.

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The involvement of accused/appellant no.1 in two other cases and the accused/appellant no.2 in four other cases has been disclosed in

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para 14 of the affidavit filed in support of the bail application, in all of which they have been granted bail.

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The State has filed a counter affidavit annexing therewith copies of medico legal examination of the victim, which have already been annexed with the affidavit filed in supported of the bail application. Although the fracture has been reported in the X-ray examination, the doctor has reported a fracture to be an old fracture, rest of the injuries caused in the incident are simple in nature.

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The statements of some eye-witnesses have been annexed with the counter affidavit, who have stated that the accused persons had beaten up the informant but they have not stated anything which may make out commission of an offence under SC/ST Act.

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Accordingly, the appeal is allowed. The order dated 19.04.2024 passed by the learned Addition District and Sessions Judge/ Special Judge SC/ST Act, Pratapgarh, in Bail Application No. 3318/2023 filed by the applicant for his release in Case Crime No. 197 of 2023, under Sections 323, 504, 506 IPC & 3(1)(Da), 3(1)(Dha), 3(2)(5a) of SC/ST Act, Police Station Mahesganj, District Pratapgarh, is hereby set aside.

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Let the accused/appellants- Sonu Khan @ Sadiq and Jubair Khan be released on bail in the aforesaid Case Crime No. 197 of 2023, under Sections 323, 504, 506 IPC & 3(1)(Da), 3(1)(Dha), 3(2) (5a) of SC/ST Act, Police Station Mahesganj, District Pratapgarh, on furnishing personal bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following additional conditions :-

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(i) The appellants shall cooperate with the prosecution during trial.

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(ii) The appellants shall not tamper with the evidence during trial.

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(iii) The appellants shall not pressurize/intimidate the prosecution witness(s).

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(iv) The appellants shall not commit an offence.

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(v) The appellants 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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(vi) The appellants shall remain present before the trial court on each date fixed, either personally or through counsel.

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(vii) The appellants shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court.

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(viii) The appellants shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C.

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In case of default of above conditions, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law

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As this order relates to enlargement of the appellants on bail, it is clarified that observation(s) made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation(s) made in this order.

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(Subhash Vidyarthi,J.)

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Order Date :- 5.6.2024 Preeti.

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Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench

Sonu Khan @ Sadiq and Another v. State of U.P. Thru. Prin.Secy. Home and Another

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Sonu Khan @ Sadiq and Another v. State of U.P. Thru. Prin.Secy. Home and Another

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