Allahabad High Court
Kamlesh Yadav vs State Of U.P. And Another on 1 November, 2022
Bench: Sanjay Kumar Pachori
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 65
Case :- CRIMINAL APPEAL No. - 4846 of 2022
Appellant :- Kamlesh Yadav
Respondent :- State of U.P. and Another
Counsel for Appellant :- Pradeep Kumar Rai,Shashi Dhar Goswami
Counsel for Respondent :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Learned AGA on behalf of State submits that notice on behalf of opposite party no. 2 has duly been served by Circle Officer, Mohammadabad, District Gazipur. Served notice is taken on record.
Heard Shri Pradeep Kumar Rai, learned counsel for the appellant, Shri O.P. Dwivedi, learned AGA for the State and perused the material available on record. Despite the service of notice none has appeared on behalf of opposite party no. 2.
The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant Kamlesh Yadav to set aside the impugned order dated 16.06.2022, whereby the Special Judge, SC/ST (Prevention of Attrocities) Act, Ghazipur has rejected the bail application No. 1240 of 2022 of the appellant moved by him in Case Crime No. 19 of 2022, under Sections 323, 325, 504, 506 IPC and Section 3(1)(Da), 3(1)(Dha) of SC/ST (P.A.)Act, Police Station Bhanwarkol, District Ghazipur.
Learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that the appellant has himself received six injuries on his head and filed a cross case as NCR No. 7 of 2022, under section 323, 504 IPC. It is further submitted that as per allegation of the first information report there is no caste derogratory words mentioned in the first information report. It is further submitted that offence is punishable up to seven years of imprisonment. The appellant has no criminal history and he is languishing in jail since 21.03.2022.
It is further submitted that there is no possibility of the appellant of fleeing away after being released on bail or tampering with the witnesses. In case the appellant is enlarged on bail, he shall not misuse the liberty of bail.
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. But he could not point out any material to the contrary. He further submit that in case the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail.
It is a settled law that while granting bail, the court has to keep in mind the nature of accusation, the nature of the evidence in support thereof, the severity of the punishment which conviction will entail, the character of the accused, the circumstances which are peculiar to the accused, his role and involvement in the offence, their involvement in other cases and reasonable apprehension of the witnesses being tampered with.
Taking into account the totality of facts and keeping in mind, the ratio of the Apex Court's judgment in the case of State of Rajasthan v. Balchand @ Baliay (1977) 4 SCC 308, Gudikanti Narasimhulu And Ors., v. Public Prosecutor, High Court Of Andhra Pradesh, AIR 1978 SC 429, Ram Govind Upadhyay v. Sudarshan Singh & Ors., (2002) 3 SCC 598, Prasanta Kumar Sarkar v. Ashis Chatterjee & Anr., (2010) 14 SCC 496 and Mahipal v. Rajesh Kumar & Anr., (2020) 2 SCC 118, the larger interest of the public/State and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail. Hence, the present criminal appeal is allowed and impugned order dated 16.06.2022 is set aside.
Let appellant/applicant, Kamlesh Yadav 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:
(i) The applicant 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 them from disclosing such facts to the court or to any police officer or tamper with the evidence.
(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.
(iii) The applicant 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.
(iv) The applicant shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
(vi) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
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 applicants 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.
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 applicants, if there is no other legal impediment.
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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant along-with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked;
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 1.11.2022
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