Prabha Shankar Yadav @ Gulle Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2024) — LawSathi Research

Prabha Shankar Yadav @ Gulle Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal allowed; impugned order dated 27.10.2023 of the learned Special Judge, SC/ST Act, Lucknow set aside; appellant Prabha Shankar Yadav @ Gulle directed to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to the conditions recorded in paragraphs 16-19 (no tampering with evidence; no criminal activity; no pressurizing/intimidating prosecution witnesses and cooperation in trial; regular appearance before the trial court unless exempted through counsel).

Issue for consideration

Whether the appellant is entitled to be released on bail, the alleged offences being punishable with imprisonment up to seven years and the trial court having rejected his bail application. +1 more

Court's answer

Considering the rival submissions of learned counsel for the parties, material available on record, contents of the F.I.R., other relevant documents and the totality of facts and circumstances, the alleged offences being punishable up to seven years, the appellant is entitled to be released on bail.

Ratio / Principle

The trial of the case is not likely to be concluded in the near future; hence the present appeal has substance and is allowed.

Key takeaways

The impugned order dated 27.10.2023 passed by the learned Special Judge, SC/ST Act, Lucknow is set aside.ratio¶14
The appellant Prabha Shankar Yadav @ Gulle is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions: he will not tamper with the evidence, will not indulge in any criminal activity, will not pressurize/intimidate prosecution witnesses and will cooperate in the trial, and will appear regularly on each date fixed by the trial court unless personal appearance is exempted through counsel.ratio¶15

Detailed headnote1 paragraphs

Bail - Criminal appeal against rejection of bail - Offences under Sections 323, 325, 308, 504, 506 IPC and Section 3(1)(Da)(Dha) SC/ST Act (Case Crime No. 40/2020, P.S. Nigohan, District Lucknow) punishable with imprisonment up to seven years - Trial court (Special Judge, SC/ST Act, Lucknow) rejected bail by order dated 27.10.2023 - Held, trial not likely to conclude in near future; appeal allowed and impugned order set aside - Appellant released on bail on personal bond and two sureties each in the like amount, with conditions against tampering with evidence, criminal activity and intimidation of witnesses, and requiring regular trial attendance - Counsel's invocation of Supreme Court decision in Satendra Kumar Antil v. CBI, SLP (Crl.) No. 5191 of 2021, noted; charge sheet had been filed after investigation.

Neutral Citation No. - 2024:AHC-LKO:1713

Court No. - 13

Case :- CRIMINAL APPEAL No. - 3105 of 2023 Appellant :- Prabha Shankar Yadav @ Gulle Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Appellant :- Sheo Prakash Singh,Manish Singh Chauhan

Counsel for Respondent :- G.A.

Hon'ble Rajeev Singh,J.

Counter affidavit filed by learned A.G.A. for the State is taken on record.

As per the office report, notice has already been served on private respondent but no one has put in appearance on his behalf, therefore, matter is being proceeding for final hearing.

Heard learned counsel for the appellant as well as learned A.G.A. for the State of U.P. and perused the record.

The present appeal has been filed for quashing the impugned order dated 27.10.2023 passed by learned Special Judge, SC/ST Act, Lucknow in Case Crime No.40/2020 under Sections 323, 325, 308, 504 and 506 of I.P.C. and Section 3(1)(Da)(Dha) of SC/ST Act, Police Station- Nigohan, District- Lucknow.

Learned counsel for the appellant submitted that the appellant is an innocent person and has been falsely implicated in the present case and he is in jail since 27.10.2023. He further submitted that the alleged offences are punishable upto seven years but the trial court has failed to consider this fact as well as law laid upon by the Hon'ble Apex Court in the case of Satendra Kumar Antil Vs. Central Bureau of Investigation and another reported in Special Leave to Appeal (Crl.) No.5191 of 2021 and rejected the bail application of the appellant. In these circumstances, the appellant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.

Learned A.G.A. has opposed the prayer of the applicant for grant of bail and submitted that after detailed investigation, charge sheet has been filed, therefore, appellant is not entitled for bail.

Considering the rival submissions of learned counsel for parties, material available on record, contents of the F.I.R.,

other relevant documents as well as totality of fact and circumstances, as it is evident that the alleged offences are punishable upto seven years, therefore, I am of the view that the appellant is entitled to be released on bail.

Resultantly, in the above facts and circumstances of the case, the trial of the case is not likely to be concluded in near future, hence, the present appeal has substance, and it is accordingly allowed , and the impugned order dated 27.10.2023 passed by learned Special Judge, SC/ST Act, Lucknow is hereby set aside.

Let the appellant- Prabha Shankar Yadav @ Gulle involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with the following conditions:-

a. The appellant will not tamper with the evidence.

b. The appellant will not indulge in any criminal activity.

c. The appellant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

d. The appellant will appear regularly on each and every date fixed by the trial court unless their personal appearance is exempted through counsel by the court concerned.

Order Date :- 2.1.2024

V. Sinha

Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench