Allowed

Awadhesh Karan @ Lala v. State of U.P. and Another

Allahabad HC24 Oct 2024CRLA/9827/2024

Case brief

AI extract

What is this about?

Criminal appeal under Section 14-A(2) SC/ST Act against rejection of bail in a murder case. The court found the lower court had not properly considered the appellant's case, noted circumstantial evidence, one-sided investigation and speedy trial rights, set aside the rejection and granted bail with conditions.

What did the court decide?

Appellant enlarged on bail on furnishing personal bond and two reliable sureties, subject to conditions regarding witnesses, attendance and conduct.

Awadhesh Karan @ Lala vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:195865

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Court No. - 48

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Case :- CRIMINAL APPEAL No. - 9827 of 2024

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Appellant :- Awadhesh Karan @ Lala Respondent :- State of U.P. and Another Counsel for Appellant :- Amit Kumar Singh,Jitendra Kumar Ravat Counsel for Respondent :- G.A.

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Hon'ble Siddharth,J.

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

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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 11.3.2024, whereby the Special Judge, SC/ST Act, Jalaun at Orai has rejected the bail application of the appellant moved by him in Case Crime No. 192 of 2021 , under Sections 302,201 IPC and Section 3(2)(V), of SC/ST Act, Police Station Modhogarh, District Jalaun.

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This is the second criminal appeal of the appellant.The first appeal was rejected by this Court vide order dated 8.6.2023 directing the trial court to conclude the trial within a period of one year from the date of production of certified copy of this order in accordance with law.

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Learned counsel for the appellant has submitted that it is a case of circumstantial evidence.P.W.5 one of the prosecution witness of last seen, has not supported the prosecution case before the trial court. It is a case of malicious prosecution of the appellant under the provisions of SC/ST Act. He has no criminal history to his credit and is languishing in jail since 01.11.2021. 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 court below and vehemently opposed the prayer for grant of bail to the appellant and submits that the allegations levelled are very serious in nature. 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 above consideration, the order of rejection of bail passed by the court below dated 11.3.2024 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, Awadhesh Karan @ Lala 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 :- 13.12.2024 Atul kr. sri.

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

Awadhesh Karan @ Lala v. State of U.P. and Another

Case brief

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Awadhesh Karan @ Lala v. State of U.P. and Another

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