Meraj And Ors. vs State Of U.P. Thru Secy. Home ...
2022 Latest Caselaw 14541 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 27
 

 
Case :- CRIMINAL APPEAL No. - 1351 of 2022
 

 
Appellant :- Meraj And Ors.
 
Respondent :- State Of U.P. Thru Secy. Home Lucknow And Ors.
 
Counsel for Appellant :- Rizwanul Haque Ansari,Jalaj Kumar Gupta
 
Counsel for Respondent :- G.A.,Deo Raj Singh
 

 
Hon'ble Ajai Kumar Srivastava-I,J.

Heard 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, 1989 has been preferred against the impugned judgment and order dated 12.04.2022 passed by the learned Special/ IInd Additional Sessions Judge, S.C./S.T. Act, Lakhimpur Kheri in Bail Application No.93 of 2022 arising out of Case Crime No.61 of 2022, under Sections 147, 307, 336, 504, 427 I.P.C. and Section 3(1)Da, 3(1)Dha, 3(2)5A, 3(2)5 S.C./S.T. Act, Police Station Kheri, District Kheri whereby the bail application of the appellants has been rejected.

Counter affidavit filed by the learned A.G.A. is taken on record.

Vide order order dated 09.06.2022, notices were directed to be issued to respondents No.2 to 7. which were served upon respondents No.2 to 6 as per office report dated 28.06.2022 furnished by learned Chief Judicial Magistrate, Lakhimpur Kheri. However, no one has appeared on behalf of the private respondents.

It is submitted by learned counsel for the appellants that the appellants are innocent who have been falsely implicated in this case. His further submission is that there are general allegations levelled against all the named accused persons including the present appellants who are said to have assaulted the injured persons by brick. They are also stated to have ransacked the tents etc. They are also assigned general role of hurling casteist slur.

His further submission is that in the first information report, no specific role was assigned to the present appellants and it was also not mentioned in the first information report as to whom the present appellants assaulted. He has also drawn attention of this Court to the injury reports of the injured persons, namely, Santoshi, Ram Dulare, Mahak and Kailasha and has argued that only abrasions, swelling on left thumb, swelling on right fore arm and complain of pain on right leg have been reported on the person of injured person in their medical examination. The injuries are simple in nature and are on non vital parts of the body.

Accordingly, he submits that no case under Section 307 I.P.C. is made out.

His further submission is that the appellants have no criminal antecedents whatsoever and they are in jail since 15.03.2022.

Learned counsel for the appellants has also submitted that the co-accused, Saddam has already been granted bail by this Court vide order dated 12.10.2022 passed in Criminal Appeal No.804 of 2022 (Saddam vs. State of U.P. and others).

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 the appellants shall not intimidate or pressurize the witnesses or any other persons acquainted with the facts of the present case.

Learned counsel for the appellants has concluded his submission by submitted that in view of the aforesaid over all facts and circumstances of this case, the order passed by the learned court below dated 16.03.2022 is patently illegal, which deserves to be set aside and the appeal deserves to be allowed accordingly.

Per contra, learned A.G.A. has supported the order passed by the trial court and vehemently opposed the prayer for grant of bail to the appellants. However, he has been fair in submitted that all the injuries reported to the four injured persons are simple and are either abrasions or complain of pain only. No injury on vital part of any of the victim is reported in their medical report.

Having heard the learned counsel for the appellants, learned A.G.A. for the State and upon perusal of record, it transpires that though the appellants are named in the first information report, however, there are general allegations of hurling casteist slur and assaulting the injured persons whose name did not find mention in the first information report. The injuries reported on the person of the injured persons are simple in nature and either they are abrasions or swelling or complain of pain and that too on the non vital part of the body. The appellants are in jail since 15.03.2022. They have no previous criminal history too.

Considering the facts and circumstance of the case and without expressing any view upon merits of this case, this Court is of considered view that the learned court below has failed to appreciate the material available on record. Therefore, the order passed by the court below is liable to be set aside.

Accordingly, the appeal is allowed and the impugned judgment and order dated 12.04.2022 passed by the learned Special/ IInd Additional Sessions Judge, S.C./S.T. Act, Lakhimpur Kheri in Bail Application No.93 of 2022 arising out of Case Crime No.61 of 2022, under Sections 147, 307, 336, 504, 427 I.P.C. and Section 3(1)Da, 3(1)Dha, 3(2)5A, 3(2)5 S.C./S.T. Act, Police Station Kheri, District Kheri is, hereby, set aside.

Let the appellants, namely, Meraj, Raju and Badkannu 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 in the 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 them 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.

(Ajai Kumar Srivastava-I, J.)

Order Date :- 20.10.2022

cks/-