Allahabad High Court
Prem Shankar And Another vs State Of U.P. Thru. Prin. Secy. ... on 22 November, 2022
Bench: Ajai Kumar Srivastava-I
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 15
Case :- CRIMINAL APPEAL No. - 1840 of 2022
Appellant :- Prem Shankar And Another
Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others
Counsel for Appellant :- Rajiva Dubey
Counsel for Respondent :- G.A.
Hon'ble Ajai Kumar Srivastava-I,J.
Heard Sri Rajiva Dubey, learned counsel for the appellants, Sri Alok Saran, learned A.G.A. for the State and perused the entire record.
This Criminal Appeal under Section 14-A (2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been preferred against the impugned judgment and order dated 19.07.2022 passed by the learned IInd Additional Sessions Judge/ Special Judge, S.C./ S.T. Act, Lakhimpur Kheri in Bail Application No.121 of 2022 arising out of Special Sessions Trial No.98 of 2020, Case Crime No.502 of 2019, under Sections 323, 504, 308 I.P.C. and Sections 3(1)Da, 3(1)Dha S.C./ S.T. Act, Police Station Isanagar, District Kheri, whereby the bail application of the appellants has been rejected.
Vide order dated dated 04.08.2022, notices were directed to be issued to respondents No.2 and 3, which have been served upon them as per report dated 30.08.2022 furnished by the learned Chief Judicial Magistrate, Lakhimpur Kheri. However, no one has put in appearance on behalf of respondents No.2 and 3.
Learned counsel for the appellants has submitted that a false first information report has been lodged against three named accused persons by the first informant. The appellants are innocent who have been falsely implicated in this case.
His further submission is that in the first information report, it has been stated that on 29.07.2019 at about 07:00 PM, the first informant was assaulted by the accused/ appellants by banka and lathi causing serious injuries on vital parts of the body.
Learned counsel for the appellants has also submitted that the first information report in this matter came to be lodged after inordinate and unexplained delay of more than two months. The named co-accused, Shanu was exonerated as no charge sheet against was filed against him.
His further submission is that the injuries, which were noted by the Medical officer who examined the injured, were reported to be simple in nature by the Medical Officer. The accused/ appellants are languishing in jail since 19.07.2022 who have no previous criminal history.
His further submission is that in case, the appellants are enlarged on bail, they shall not misuse the liberty of bail and they shall also fully cooperate with the trial court in getting the trial concluded expeditiously. He has further submitted that there is no possibility of the appellants to intimidate or pressurize the witnesses or any other persons acquainted with the facts of the present case.
Per contra, learned A.G.A. has vehemently opposed the prayer by submitting that the appellants, who were armed with banka and lathi, have assaulted the first informant causing injuries on vital parts of the body.
His further submission is that the first informant belongs to Scheduled Castes community. This offence was committed being aware of this fact by the appellants. Accordingly, case for the offence under Sections 3(1)Da and 3(1)Dha S.C./ S.T. is also made out. Therefore, having regard to the nature of offence in its totality, the instant criminal appeal deserves to be dismissed.
Having heard the learned counsel for the appellants, learned A.G.A. for the State and upon perusal of record, it transpires that a first information report initially came to be lodged by the first informant against three named accused persons. However, charge sheet came to be filed against the present two appellants only for the offence under Sections 323, 504, 308 I.P.C. and Sections 3(1)Da & 3(1)Dha S.C./ S.T. Act. The injuries were reported to be simple in nature. There are general allegation of assault have been assigned to the present appellants. No recovery of alleged weapon of assault has been effect from the possession of the appellants. The accused/ appellants are languishing in jail since 19.07.2022 who have no previous criminal history.
Considering the aforesaid overall facts and circumstance of the case, without commenting upon merits, this Court of the view that the learned court below has failed to appreciate the material available on record. The order passed by the court below is liable to be set aside.
Accordingly, the appeal is allowed. Consequently, the impugned judgment and order dated 19.07.2022 passed by the learned IInd Additional Sessions Judge/ Special Judge, S.C./ S.T. Act, Lakhimpur Kheri in Bail Application No.121 of 2022 arising out of Special Sessions Trial No.98 of 2020, Case Crime No.502 of 2019, under Sections 323, 504, 308 I.P.C. and Sections 3(1)Da, 3(1)Dha S.C./ S.T. Act, Police Station Isanagar, District Kheri, is set aside.
Let the appellants, namely, Prem Shankar and Rakesh Kumar be released on bail in the aforesaid case crime number with the following conditions:-
(i) The appellants shall furnish the personal bonds with two sureties each of like amount to the satisfaction of the court concerned.
(ii) The appellants shall appear and strictly comply following terms of bond executed under section 437 sub section 3 of Chapter- 33 of Cr.P.C.:-
(a) The appellants shall attend in accordance with the conditions of the bond executed under this Chapter.
(b) The appellants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected, and
(c) The appellants 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.
(iii) The appellants shall cooperate with investigation /trial.
(iv) The appellants 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 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.
(v) The appellants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
(vi) In case, the appellants misuse the liberty of bail during trial, in order to secure their presence, proclamation under section 82 Cr.P.C. is issued and the appellants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(vii) The appellants shall remain present, 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 Cr.P.C. If in the opinion of the trial court absence of the appellants 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 them in accordance with law.
(viii) The trial court is also directed to expedite the trial of the aforesaid case by following the provisions of Section 309 I.P.C., strictly without granting any unnecessary adjournments to the parties, in case there is no other legal impediment.
(Ajai Kumar Srivastava-I, J.)
Order Date :- 22.11.2022
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