Allowed

Santosh v. State of U.P. and Another

Allahabad HC5 Dec 2024CRLA/5220/2024

Case brief

AI extract

What is this about?

The High Court set aside the trial court's order rejecting bail, holding that the lower court had not properly considered the facts, the one-sided investigation, jail overcrowding, and the appellant's fundamental right to speedy trial. Bail was granted subject to conditions.

What did the court decide?

Bail granted on furnishing personal bond and two reliable sureties, subject to conditions including attendance and non-interference with witnesses.

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

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Neutral Citation No. - 2024:AHC:191291

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Court No. - 48

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Case :- CRIMINAL APPEAL No. - 5220 of 2024

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Appellant :- Santosh Respondent :- State of U.P. and Another Counsel for Appellant :- Tripurari Pal Counsel for Respondent :- G.A.,Pramod Kumar

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Hon'ble Siddharth,J.

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List has been revised.

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Supplementary-affidavit filed today is taken on record.

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Heard Sri Tripurari Pal, learned counsel for the appellant; learned AGA for opposite party no.1 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 20.03.2024 whereby the Special Judge, SC/ST Act, Bulandshahar, has rejected the bail application of the appellant (Bail Application No. 1579 of 2024) moved by him in Case Crime No. 448 of 2022, under Sections 147, 302, 364, 201 of IPC and Section 3(2)5 of SC/ST (P.A.) Act, Police Station Dibai, District Bulandshahar.

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This is the second criminal appeal. The first criminal appeal of the appellant was rejected by this Court vide order dated 08.06.2023.

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Learned counsel for the appellant has submitted that it is a case of false implication of the appellant. No conclusive statements of P.W.-1 to P.W.-5 have been recorded. The appellant has been implicated with the role of recovery of an axe on his pointing out, but the death of the deceased has not been caused by any injury caused by axe. The appellant has been falsely implicated in this case. It is a case of malicious prosecution of appellant under the provisions of SC/ST Act. He has no criminal history to his credit and is languishing in jail since 03.09.2022. 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

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to the appellant and submits that the allegations involved are very serious in nature. But he could not point out any material to the contrary. He further submits that in case the appellant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail.

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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 court below has not properly considered the facts of the case. Hence, in view of the above consideration, the order of rejection of bail passed by the court below dated 20.03.2024 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; keeping in view uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; 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, Santosh, 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

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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 :- 5.12.2024 Abhishek

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Digitally signed by :- ABHISHEK YADAV High Court of Judicature at Allahabad

Santosh v. State of U.P. and Another

Case brief

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Santosh v. State of U.P. and Another

Case brief

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