Allowed

Prem Chand Chaudhary v. State of U.P. and Another

Allahabad HC24 Oct 2024CRLA/9662/2024

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a criminal appeal, setting aside the lower court's rejection of a bail application. The court held that the trial court failed to properly consider the accused's case, citing delays in concluding the trial and jail overcrowding, thus granting bail under the SC/ST Act and IPC.

What did the court decide?

Appellant Prem Chand Chaudhary released on bail with personal bond and two sureties, subject to conditions prohibiting tampering with evidence, intimidating witnesses, and seeking adjournments.

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

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Neutral Citation No. - 2024:AHC:170991

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Court No. - 48

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Case :- CRIMINAL APPEAL No. - 9662 of 2024

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Appellant :- Prem Chand Chaudhary Respondent :- State of U.P. and Another Counsel for Appellant :- Prince Kumar Srivastava Counsel for Respondent :- G.A.

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Hon'ble Siddharth,J.

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Heard 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 30.07.2024, whereby the Special Judge, SC/ST (P.A) Act, Sant Kabir Nagar has rejected the bail application of the appellant moved by him in Session Case No.427 of 2022 (Case Crime No. 135 of 2022) , under Sections 302, 201, 34 IPC and Section 3(2)5 of SC/ST (PA) Act, Police Station Khalilabad, District Sant Kabir Nagar.

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This is the second criminal appeal of the appellant.First criminal appeal no.5118 of 2022 of the appellant was rejected by this court on 26.04.2023 directing the trial court to conclude the trial within a period of one year.

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Learned counsel for the appellant submits that while rejecting the first appeal of the appellant, the trial court was directed to expedite the trial and conclude the same within one year.

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Learned counsel for the appellant further submits that copy of the rejection of the criminal appeal was produced was produced before the trial court on 15.5.2023 and as yet two out of 37 prosecution witnesses have been examined. Trial will take time. He is languishing in jail since 10.03.2022. He has no previous 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 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 case of the appellant. Hence, in view of the above consideration, the order of rejection of bail passed by the court below dated 30.07.2024 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, Prem Chand Chaudhary 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

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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 :- 24.10.2024 Atul kr. sri.

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Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad

Prem Chand Chaudhary v. State of U.P. and Another

Case brief

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Prem Chand Chaudhary v. State of U.P. and Another

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