Allowed

Keshav Kohar v. State of U.P. and Another

Allahabad HC3 Jul 2024CRLA/3922/2024

Case brief

AI extract

What is this about?

The High Court allowed the criminal appeal against the rejection of bail in a Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act case. The Court set aside the lower court's order, citing jail overcrowding and the fundamental right to speedy trial under Article 21, without commenting on the merits of the evidence.

What did the court decide?

Appellant released on bail with personal bond and two sureties, subject to non-interference with witnesses and attending trial dates.

Keshav Kohar vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:150273

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Court No. - 71

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Case :- CRIMINAL APPEAL No. - 3922 of 2024

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Appellant :- Keshav Kohar Respondent :- State of U.P. and Another Counsel for Appellant :- Surendra Mohan Mishra,Vishveshwar Mani Tripathi Counsel for Respondent :- G.A.

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Hon'ble Mayank Kumar Jain,J.

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Supplementary affidavit filed today by learned counsel for the appellant is taken on record.

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

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This criminal appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant with the prayer to set aside the impugned judgment and order dated 05.03.2024 passed by learned Additional District and Sessions/Special Judge SC/ST (P.A.) Act, Siddarth Nagar, in Criminal Misc. Bail Application No. 356 of 2024 (Keshav Kohar and others Vs. State of U.P.), arising out of Case Crime No. 55 of 2023, under Sections 34, 120-B, 201, 302, 323, 504 I.P.C. and Sections 3(1)(Da), 3(1)(Dha), 3(2)(5), 3(2)(5A) of S.C./S.T. Act, Police Station Bhawaniganj, District Siddharth Nagar. It is further prayed to release the appellant on bail in Case Crime No. 55 of 2023, under Sections 34, 120-B, 201, 302, 323, 504 I.P.C. and Sections 3(1)(Da), 3(1)(Dha), 3(2)(5), 3(2)(5A) of S.C./S.T. Act.

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The first Criminal Appeal No. 9030 of 2023 filed by the appellant was dismissed by this Court vide order dated 08.11.2023.

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It is submitted that during trial, P.W-1, P.W.-2, P.W.-3 and P.W.4 have been recorded. It is further submitted that similarly placed co-accused Rajkishor @ Kishore Taili and Chandan Yadav have already been granted bail this Court vide orders dated 28.08.2024 and 10.09.2024 passed in Criminal Appeal Nos. 3630 of 2024 and 914 of 2024 respectively. Lastly, it is submitted by learned counsel for the appellant that there is no chance of the appellant fleeing away from the judicial process or tampering with the prosecution

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evidence. The appellant is languishing in jail since 12.07.2023 having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.

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Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail but could not dispute the aforesaid factual aspects of the matter.

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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. The impugned rejection order suffers from infirmity and illegality and the same is liable to be set-aside and the appeal is liable to be allowed.

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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 appellant is entitled to be enlarged on bail.

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Let appellant, Keshav Kohar be released on bail in the aforesaid case crime number on his furnishing a personal bond and two 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 :- 13.9.2024 PS

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Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad

Keshav Kohar v. State of U.P. and Another

Case brief

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Keshav Kohar v. State of U.P. and Another

Case brief

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