Allowed

Gunja@ Gunjan v. State of U.P. and Another

Allahabad HC7 Nov 2024CRLA/10331/2024

Case brief

AI extract

What is this about?

The High Court allowed a criminal appeal seeking bail under the SC/ST Act. The court held that the judiciary erred in rejecting the bail application, citing facts, evidence, co-accused' bail status, and offence severity. Bail was granted with conditions.

What did the court decide?

Bail allowed on personal bond and two heavy sureties, subject to standard bail conditions including no tampering or witness intimidation.

Gunja@ Gunjan vs State of U.P. and Another — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:175070

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Court No. - 88

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Case :- CRIMINAL APPEAL No. - 10331 of 2024

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Appellant :- Gunja@ Gunjan Respondent :- State of U.P. and Another Counsel for Appellant :- Sushil Kumar Rao Counsel for Respondent :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Learned A.G.A. submits that notice has been served on the informant/respondent, however, none is present on his behalf.

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Heard learned counsel for the appellant alongwith learned A.G.A. and perused the entire record.

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This criminal appeal under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant with the prayer to set aside the bail rejection order dated 01.10.2024, passed by the learned Special Judge (SC/ST Act), Kushinagar at Padrauna in Sessions Trial No. 648 of 2023 arising out of Case Crime No. 204 of 2023 under Sections 147, 148, 149, 323, 325, 504, 506, 452, 308, 302 I.P.C. and Section 3(1) (Da), 3(1) (Dha), 3(2)V of SC/ST Act, Police Station Kasya, District Kushinagar.

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It is submitted by the learned counsel for the appellant that the appellant is innocent and has been falsely implicated in this case. It is further submitted that there was marpit between the informant side and appellant with other co-accused persons. It is further submitted that injuries caused on the person of the injured are simple in nature, therefore, offence u/s 308 I.P.C. is not made out at all. It is also submitted that all members of the family of appellant were implicated in this case on account of previous enmity. Entire allegations levelled in the F.I.R. and in the statement are false. The Court below while passing the impugned order did not take into account the facts and evidence available on record in right perspective and erred in passing the same. It is further submitted that other co-accused have been enlarged on bail by coordinate Benches of this Court and this Court and the case of the present appellant is on similar footing to that of aforesaid coaccused. Learned counsel for the appellant also referred to the amended provisions of SC/ST Act. Appellant is in jail since

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13.09.2024 having no criminal antecedent. It is lastly submitted that the impugned order rejecting the bail application of the appellant suffers from infirmity and illegality warranting interference by this Court.

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Learned A.G.A. opposed the prayer as aforesaid.

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I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record including the impugned order carefully.

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Having regard to the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, the fact that other co-accused persons have already been enlarged on bail and the case of the present appellant is on similar footing, the Court is of the opinion that the appellant has made out a case for bail. The Court below erred in rejecting the bail application. The impugned order dated 01.10.2024 suffers from infirmity and illegality and the same is liable to be set-aside and the appeal is to be allowed.

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Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside.

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Let the appellant- Gunja@ Gunjan involved in Case Crime No.204 of 2023, under Sections 147, 148, 149, 323, 325, 504, 506, 452, 308, 302 I.P.C. and 3(1)(Da), 3(1)(Dha), 3(2)(5) SC/ST Act, Police Station Kasya, District Kushinagar, be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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Further, before issuing the release order, the sureties be verified.

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The appellant will not tamper with the evidence during the trial.

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The appellant will not pressurize/ intimidate the prosecution witness.

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The appellant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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The appellant shall not directly or indirectly make any

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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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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 7.11.2024 Karan

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Digitally signed by :- KUMAR KARAN RAO High Court of Judicature at Allahabad

Gunja@ Gunjan v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Gunja@ Gunjan v. State of U.P. and Another

Case brief

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What did the court decide?

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