Allowed

Putan Singh v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC11 Jan 2024CRLA/80/2024

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a criminal appeal under Section 14(2) of the SC/ST Act, setting aside the rejection of bail for an appellant charged under Sections 304 IPC and 3(2)(v) of the SC/ST Act. The Court found the appeal had substance due to the co-accused's acquittal and the uncertainty of trial conclusion, granting bail with strict conditions and remitting the case file.

What did the court decide?

Impugned order set aside; appellant released on bail with personal bond and two sureties subject to additional conditions; trial record remitted.

Putan Singh vs State of U.P. Thru. Prin… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:15472

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Court No. - 13

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Case :- CRIMINAL APPEAL No. - 80 of 2024

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Appellant :- Putan Singh Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Appellant :- Mithlesh Singh,Chandra Mohan Singh Counsel for Respondent :- G.A.

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Hon'ble Rajeev Singh,J.

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

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It is evident from the record that the notice has already been served on private respondent no. 2, but none has put in appearance on his behalf and, therefore, the present case is being decided with the assistance of learned counsel for the appellant and learned A.G.A.

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This criminal appeal has been filed under Sections 14(2) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against order dated 15.12.2023 passed by Special Judge (SC/ST Act), Unnao in Bail Application No. 3720 of 2023 arising out of F.I.R. No. 329 of 2023 under Section 304 I.P.C., Sections 3(2)(v) of SC/ST Act, Police Station Fatehpur Chaurasi, District Unnao.

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Learned counsel for the appellant submits that the appellant has falsely been implicated in the present case. It is further submitted that as per the prosecution case, one person (deceased), who was in drunken condition, initially came to the house of informant and started abusing and thereafter threw some bricks on the shop of Balkishan. It is also alleged therein that thereafter, the said person went to the door of appellant and also abused, on which, some quarrel took place in between them. In the said incident, the said person fainted and later on, he died. Submission of the learned counsel for the appellant is that the alleged person was tottering in drunken condition and fell down,

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due to which, he received injuries on his own, but the charge sheet was filed by the Investigating Officer in mechanical manner without considering the fact that alcohol was found in his stomach. It is next submitted that as the charge sheet has been filed by the Investigating Officer, there is no possibility of tampering of any evidence. Learned counsel for the appellant submits that the co-accused, Satish Kumar has already been released on bail by this Court vide order dated 13.02.2024 passed in Criminal Appeal No. 82 of 2024. It is lastly submitted that the court below has not considered all these facts while rejecting the bail application and there is no possibility of conclusion of trial in near future. It is, thus, submitted that the impugned order is liable to be set aside and the appellant, who does not have any criminal antecedent and is in jail since 03.10.2023, is entitled for bail. It is also submitted that the appellant is ready to cooperate in the trial.

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Learned A.G.A. opposes the prayer of the appellant, but he does not dispute the fact that in the post mortem report, it is mentioned that alcohol was found in the stomach of the deceased. He also does not dispute that initially, the deceased went to the door of the informant and also abused him. Learned A.G.A. also concedes the fact that the co-accused, Satish Kumar has already been released on bail.

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Considering the arguments advanced by the learned counsel for the appellant, learned A.G.A., and going through the contents of the appeal, impugned order, F.I.R., post mortem report, order of this Court dated 13.02.2024 passed in the case of co-accused, Satish Kumar as well as other relevant documents, it is evident that alcohol was found in the stomach of the deceased. It is also evident that as per the prosecution case, initially the deceased came to the house of the informant and thereafter, he went to the house of the appellant.

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In view of above facts and circumstances as also keeping in view the fact that the trial of the case is not likely to be concluded in near future, the appeal has substance and it is accordingly, allowed.

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Impugned order dated 15.12.2023 passed by Special Judge (SC/ST Act), Unnao in Bail Application No. 3720 of 2023 arising out of F.I.R. No. 329 of 2023 under Section 304 I.P.C., Sections 3(2)(v) of SC/ST Act, Police Station Fatehpur Chaurasi, District Unnao is hereby set aside.

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Let appellant, Putan Singh be released on bail in the aforesaid case crime number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following additional conditions :-

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(i) The appellant shall file an undertaking to the effect that he will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The appellant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229A of the Indian Penal Code.

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(iii) In case, the appellant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the appellant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The appellant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court

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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 against him in accordance with law.

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Trial court record be remitted back, forthwith.

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Order Date :- 20.2.2024 VKS

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Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Putan Singh v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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Putan Singh v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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