Ram Sahai vs State Of U.P. Thru. Principal ...
2022 Latest Caselaw 18703 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 15
 

 
Case :- CRIMINAL APPEAL No. - 646 of 2022
 

 
Appellant :- Ram Sahai
 
Respondent :- State Of U.P. Thru. Principal Secretary, Deptt. Of Home And Another
 
Counsel for Appellant :- Atul Verma,Akhilendra Pratap Singh
 
Counsel for Respondent :- G.A.,Yogesh Kumar Mishra
 

 
Hon'ble Ajai Kumar Srivastava-I,J.

Heard Sri Atul Verma, learned counsel for the appellant, Sri Alok Saran, learned A.G.A. for the State and perused the entire record.

No one has appeared on behalf of respondent No.2 despite the fact that the name of Sri Yogesh Kumar Mishra, Advocate has been shown in the cause list.

This Criminal Appeal under Section 14-A (2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been preferred against the impugned judgment order dated 05.02.2022 passed by the learned Special Judge, S.C./ S.T. (P.A.) Act, Sultanpur in Bail Application No.3245 of 2021 arising out of Case Crime No.273 of 2021, under Sections 147, 323, 324, 325, 504, 506, 304/34 I.P.C. and Sections 3(1)(Da, Dha) & 3(2)(V) S.C./ S.T. Act, Police Station Jamo, District Amethi, whereby the bail application of the appellant has been rejected.

Vide order dated 01.08.2022, notice was directed to be issued to respondent No.3 which has been served upon her as per the report dated 24.08.2022 furnished by the learned Chief Judicial Magistrate, Sultanpur. However, no one has put in appearance on behalf of respondent No.3.

Learned counsel for the appellant has submitted that the present appellant is innocent who has been falsely implicated in this case. The present appellant is not named in the first information report which came to be lodged by respondent No.2, Rajaram. However, a charge sheet came to filed against the present appellant without there being any credible evidence.

His further submission is that even in the first information report, there was a vague and general allegation of assault by the accused appellant resulting in death of the deceased, Shiv Shanker. He has also submitted that no specific role or any weapon of assault was assigned to the present appellant in the first information report. His name has surfaced in the additional statement of the first informant recorded under Section 161 Cr.P.C., which is available at page-43 to the instant criminal appeal.

Learned counsel for the appellant has also submitted that it is apparent from perusal of postmortem report, which is available on record at page-52, the deceased sustained one lacerated wound, one abrasion and three contusions. The cause of death of the deceased was reported to be shock and hemorrhage due to antemortem head injury and septicemic shock. He has drawn attention of this Court to the fact that the alleged incident was occurred on 28.10.2021 and the date of death of the deceased is 10.11.2021 which indicates that the injuries sustained by him were not serious in nature. He has also submitted that apart from the injuries sustained by the deceased, other persons were also injured in this incident.

His further submission is that a first information report bearing No.0274 of 2021, under Sections 323, 504 I.P.C., Police Station Jamo, District Amethi was lodged by the wife of the present appellant, namely, Smt. Gulabpati against various persons including the first informant of this case, namely, Rajaram and the deceased, Shiv Shanker also. The accused/ appellant is languishing in jail since 13.11.2021 who has no previous criminal history.

His further submission is that in case, the appellant is enlarged on bail, he shall not misuse the liberty of bail and he 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 appellant 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 accused/ appellant has committed a heinous offence. Therefore, the appellant is not entitled to be released on bail. However, he has been unable to dispute the fact that the name of the appellant has surfaced on the basis of additional statement of the first informant recorded under Section 161 Cr.P.C. Learned A.G.A. has also been unable to dispute the other factual submissions advanced by the learned counsel for the appellant.

Having heard the learned counsel for the appellant, learned A.G.A. for the State and upon perusal of record, it transpires that a first information report initially came to be lodged against four named persons. The present appellant is not named in the first information report. His name has surfaced in the additional statement of the first informant recorded under Section 161 Cr.P.C., which is available at page-43 to the instant appeal. No specific role or weapon of assault has been assigned to the present appellant in the first information report. There was also a case lodged by the wife of the present appellant against various persons including the first informant of this case and the deceased also. The accused/ appellant is languishing in jail since 13.11.2021 who has 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 order dated 05.02.2022 passed by the learned Special Judge, S.C./ S.T. (P.A.) Act, Sultanpur in Bail Application No.3245 of 2021 arising out of Case Crime No.273 of 2021, under Sections 147, 323, 324, 325, 504, 506, 304/34 I.P.C. and Sections 3(1)(Da, Dha) & 3(2)(V) S.C./ S.T. Act, Police Station Jamo, District Amethi, is, hereby, set aside.

Let the appellant, Ram Sahai be released on bail in the aforesaid case crime number with the following conditions:-

(i) The appellant shall furnish a personal bond with two sureties each of like amount to the satisfaction of the court concerned.

(ii) The appellant 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 appellant shall attend in accordance with the conditions of the bond executed under this Chapter.

(b) The appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and

(c) 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.

(iii) The appellant shall cooperate with investigation /trial.

(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 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 appellant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

(vi) In case, the appellant misuses the liberty of bail during trial, 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.

(vii) The appellant 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 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.

(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 :- 24.11.2022

cks/-