Allahabad High Court
Harish Chandra vs State Of U.P. Thru. Prin. Secy. ... on 2 February, 2023
Bench: Shree Prakash Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 27
Case :- CRIMINAL APPEAL No. - 1800 of 2022
Appellant :- Harish Chandra
Respondent :- State Of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko. And Another
Counsel for Appellant :- Kamini Gautam,Chandra Bhooshan,Jaleel Ahmad
Counsel for Respondent :- G.A.
Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the applicant-appellant, Sri Aniruddh Kumar Singh, learned A.G.A.-I for the State and perused the record.
Instant criminal appeal under section 14-A(2) of SC/ST Act (Prevention of Atrocities) Act, has been filed challenging the Judgment and order dated 7.7.2022 passed by Special Judge SC/ST (P.A.) Act, Sultanpur in Bail Application No.1843 of 2022, Harish Chandra and others Vs. State of U.P. arising out of Case Crime No. 79 of 2022, under Sections 147, 148, 342, 323, 324, 308, 504, 506, 326 I.P.C. & 3 (2)(V)a, 3(2)5 & 3(1) Da, Dha SC/ST Act, Police Station Bazar Shukul, District Amethi. It has also been prayed that the appellant-applicant may be released on bail in the aforesaid sections during the pendency of trial.
Learned counsel for the applicant-appellant submits that the appellant is innocent and he has falsely been implicated in the instant matter. He added that initially, an F.I.R. was lodged by the appellant on 4.3.2022 and, in retaliation thereof, name of the appellant has been implicated in the instant F.I.R. lodged on 24.4.2022. General role has been assigned to all the accused persons including the appellant and even the injured in their statements have not assigned any specific role to the appellant. He further added that at this stage, this cannot be ascertained as to who is the author of the injuries. The appellant is a law abiding citizen who is languishing in jail since 9.5.2022. There is no previous criminal history of appellant-applicant, which has been explained in para 20 of the bail application. There is no possibility of conclusion of the trial in near future. In case he is granted bail, he will not misuse the liberty and will co-operate in the trial proceedings.
On the other hand, learned A.G.A. for the State has very vehemently opposed the contention of the appellant-applicant and submitted that the appellant is named in the F.I.R. There is specific allegation against the appellant for brutally beating the injured persons and, as per the injury report, injured have received injures. Statements of the witnesses and the informant are intact, thus, the appellant is not entitled to any relief.
Having heard learned counsel for the parties and after perusal of the material placed on record, it is evident that general role has been assigned to all the accused persons; even injured in their statements have not assigned any specific role to the appellant; at this stage, it cannot be ascertained as to who is the author of the injuries; there seems to be retaliation in lodging the instant F.I.R. as the appellant had earlier lodged F.I.R. on 4.3.2022; there is no previous criminal history of the appellant and the appellant is languishing in jail since 9.5.2022.
Resultantly, in the above facts and circumstances of the case and the arguments advanced on behalf of both the side and the facts that the trial of the case is not likely to be concluded in near future, hence, the appeal has substance and it is accordingly allowed and the Judgment and order dated 7.7.2022 passed by Special Judge SC/ST (P.A.) Act, Sultanpur in Bail Application No.1843 of 2022, is hereby set aside.
Let the applicant-appellant, Harish Chandra, involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
1. The applicant-appellant will not tamper with the evidence.
2. The applicant-appellant will not indulge in any criminal activity.
3. The applicant-appellant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant-appellant will appear regularly on each and every date fixed by the trial court unless their personal appearance is exempted through counsel by the court concerned.
Order Date :- 2.2.2023
Ram Murti
