Allowed

Shahid @ Kallan @ Shahid Ali Sekh v. State of U.P. Thru. Addl. Prin. Secy. Deptt. Home Civil Secy. U.P. Lko. and Another

Allahabad HC3 Dec 2024ABAIL/2120/2024

Case brief

AI extract

What is this about?

The Court made absolute the interim anticipatory bail granted in an earlier order for the applicant in a criminal case involving caste-related offences. The applicant surrendered before the trial court on furnishing a personal bond and two sureties under conditions identical to those in the Supreme Court's Sushila Aggarwal judgment.

What did the court decide?

Interim protection granted vide order dated 17.09.2024 made absolute; applicant directed to surrender before trial court and release on bail on furnishing personal bond and two sureties of the like am

Shahid @ Kallan @ Shahid Ali Sekh Vs State of U.P. Thru… — Caste Atrocities | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:80330

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Court No. - 16

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2120 of 2024 Applicant :- Shahid @ Kallan @ Shahid Ali Sekh Opposite Party :- State Of U.P. Thru. Addl. Prin. Secy. Deptt. Home Civil Secy. U.P. Lko. And Another Counsel for Applicant :- Amar Nath Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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The present application under Section 438 Cr.P.C. has been filed seeking anticipatory bail apprehending arrest in FIR/ Case Crime No.316/2022, under Sections 147, 148, 149, 323, 504, 506, 427, 452 I.P.C. and Sections 3(1)(da), 3(1)(dha), 3(2)(v-a) of SC/ST Act, P.S. Mandhata, District Pratapgarh.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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This Court while granting interim protection vide order dated 17.09.2024 has passed the following order:-

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"The present bail application has been filed by the applicant Shahid @ Kallan @ Shahid Ali Sekh seeking anticipatory bail in case crime No.316/2022, under Sections 147, 148, 149, 323, 504, 506, 427, 452 I.P.C. and Sections 3(1)(da), 3(1)(dha), 3(2) (v-a) of SC/ST Act, P.S. Mandhata, District Pratapgarh.

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Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.

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It is alleged in the F.I.R. that accused persons fourteen in number have came on the pond land of the informant which is on lease and started forcibly preparing chak road. Upon being objected by the informant all of them while hurling religious abuses relating to his caste threatened him and started beating him mercilessly. He after raising alarm ran away then entered into his house and beaten the informant and his family members. Inside the house Karishma and Shivangini have been molested and their private parts have been touched. It is further alleged that they have also tried to kill Karishma, Bitola as well

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as Bhagtin. Thereafter villagers were gathered after hearing hue and cry, interfered and then only their lives were saved. It is also alleged that incident is of 14.09.2022 at about 08:00 am in the morning however, the police did not register the F.I.R. then he dial 112 number and police called 1078 number and medical treatment of the injured was done at CHC, Mandhata. It is lastly alleged that on 14.09.2022 the medical examination of all the injured was conducted.

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Learned counsel for the applicant submits that F.I.R. is a counter blast to the earlier F.I.R. lodged by co-accused bearing Case Crime No.302 of 2022, under Sections 147, 148, 149, 307, 308, 354 kha, 504, 506, 427, 323 IPC against the complainant and other co-accused persons. As a counterblast, this F.I.R. has been lodged. He further submits that although it is alleged in the F.I.R. that 112 number was dialed and injured were treated on 14.09.2022, both the facts stated in the F.I.R. are false. He submits that all the injured total nine have been shown to have received simple injuries mostly abrasion and complain of pain.

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He further submits that the victim in her statement under Section 164 Cr.P.C. has not assigned any specific role to the applicant. Allegations under Section 354Ka and 354 Kha I.P.C. are not against the present applicant.

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He submits that applicant has been falsely implicated. F.I.R. has been lodged maliciously. There is no record of medical treatment of the injured on 14.09.2022. The charge-sheet has been filed.

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Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial.

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Learned Addl. Government Advocate has opposed the bail prayer and prays for two weeks' time to file counter affidavit.

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On due consideration to the arguments advanced as well as perusal of the record and the fact that charge-sheet in the case has been filed, applicant has no criminal history and also considering the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 and without entering into the merit of the case, it would be appropriate to grant interim protection to the applicant under

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Section 438 Cr.P.C.

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Till the next date of listing, it is provided that in the event of arrest, the applicant shall be released on bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the court concerned with the following conditions:-

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(1) The applicant shall cooperate in the trial and he will not influence the witnesses.

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(2) The accused-applicant will remain present on each and every date fixed by the trial court.

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(3) The applicant shall not leave India without previous permission of the Court.

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List on 15.10.2024 along with Cri Misc Anticipatory Bail Application No. 1652 of 2024."

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Learned counsel for the applicant submits that charge-sheet in the matter has been filed. Applicant has co-operated in the investigation and further undertakes to cooperate in the trial. He has no criminal antecedent. He submits that there is no allegation against the applicant under Sections 354Ka and 354 Kha I.P.C.

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Learned A.G.A. has vehemently opposed the bail application, however, could not dispute the fact that the applicant has no criminal history. He further submits that charge-sheet in the matter has been filed.

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On due consideration to the submissions advanced, perusal of the record so also the fact that charge-sheet in the matter has been filed, applicant has no criminal history, he has cooperated in the investigation and he shall cooperate in the trial, the interim protection granted by this Court vide order dated 17.09.2024 is made absolute in view of dictum of Apex Court

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in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC

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online SC 98.

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In view of the above, since, charge-sheet in the matter has been filed, the accused applicant- Shahid @ Kallan @ Shahid Ali Sekh is directed to surrender before trial court, if he is summoned to face trial for offence in question. The accused applicant shall be released on bail by the trial court on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court concerned with the following conditions:-

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(i) The applicant 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 tamper with the evidence;

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(ii) The applicant shall not leave India without the previous permission of the court;

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(iii)The applicant shall not pressurize/ intimidate the prosecution witness;

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(iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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(v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail;

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Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed.

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It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses.

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In view of the aforesaid, the application is allowed.

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Order Date :- 3.12.2024 Saurabh Yadav/-

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Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Shahid @ Kallan @ Shahid Ali Sekh v. State of U.P. Thru. Addl. Prin. Secy. Deptt. Home Civil Secy. U.P. Lko. and Another

Case brief

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Shahid @ Kallan @ Shahid Ali Sekh v. State of U.P. Thru. Addl. Prin. Secy. Deptt. Home Civil Secy. U.P. Lko. and Another

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