Allowed

Ajay Thakur v. State of U.P. and Another

Allahabad HC1 Jul 2024CRLA/3250/2024

Case brief

AI extract

What is this about?

Single-judge High Court allowed special criminal appeal. Set aside Special Court's order rejecting bail under SAC/ST Act. Granted bail based on Art. 21 and jail overcrowding without expressing opinion on merits.

What did the court decide?

Appellant released on personal bond and two sureties subject to conditions against tampering, intimidating witnesses, and appearing for trial dates.

Ajay Thakur Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:106918

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Court No. - 71

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Case :- CRIMINAL APPEAL No. - 3250 of 2024

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Appellant :- Ajay Thakur Respondent :- State of U.P. and Another Counsel for Appellant :- Himanshu Srivastava,Mohammad Zakir Counsel for Respondent :- Adarsh Srivastava,G.A.,Kamlendra Tripathi,Reena Pal,Vinod Kumar Mishra

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Hon'ble Mayank Kumar Jain,J.

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Heard Sri Himanshu Srivastava, learned counsel for the appellant, Sri Kamlendra Tripathi and Ms. Reena Pal, learned counsel for the respondent no.2, learned AGA for the State 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 12.03.2024, whereby the Special Judge, SC/ST Act, Bulandshahr has rejected the bail application of the appellant moved by him in Case Crime No. 400 of 2022, under Sections 302/34,120B, 201, 196 IPC, and Section 3(2)V SC/ST Act, Police Station Khurja Dehat, District Bulandshahr.

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Learned counsel for the appellant has submitted that appellant is innocent and has been falsely implicated in this case. Appellant is languishing in jail since 02.01.2023 and statement of only one witness namely Kuwarjeet is recorded. The appellant is not named in the FIR. The name of the appellant was disclosed by Kuwarjeet. The case is based on the circumstantial evidence. The wife of the deceased namely Sunita (informant) was nominated as accused during investigation. No recovery is made against the appellant. It is further submitted that co-accused Sunita has been granted bail by Co-ordiante Bench of this court vide order dated 01.02.2024 passed in Criminal Misc. Bail Application No.30336 of 2023. It is a case of malicious prosecution under the provisions of S.C./S.T. Act. Appellant has no criminal history. In case, the appellant is released on bail, he will not misuse the liberty of bail.

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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

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serious in nature but he could not point out any material to the contrary.

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It appears from the arguments advanced by the counsel for the parties and from perusal of material on record that the trial court has not properly considered the case of the appellant. Hence, in view of above consideration, the order of rejection of bail passed by the court below dated 12.03.2024 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; 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 without expressing any opinion on the merits of the case, Court is of the opinion that the appellants are entitled to be enlarged on bail.

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Let appellant, Ajay Thakur 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 :- 2.7.2024 Mohit

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Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad

Ajay Thakur v. State of U.P. and Another

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Ajay Thakur v. State of U.P. and Another

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