Allahabad High Court
Vishal Gupta vs State Of U.P. And Another on 8 May, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:84211
Court No. - 85
Case :- CRIMINAL APPEAL No. - 3241 of 2024
Appellant :- Vishal Gupta
Respondent :- State of U.P. and Another
Counsel for Appellant :- Vijai Kumar Tripathi
Counsel for Respondent :- Bhiya Vikash Bharti,G.A.
Hon'ble Nalin Kumar Srivastava,J.
1. Heard Sri Vijai Kumar Tripathi, learned counsel for the appellant, learned AGA for the State, Sri Bhiya Vikash Bharti, learned counsel for the respondent no. 2 and perused the material available on record.
2. The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant - Vishal Gupta to set aside the impugned judgment and order dated 6.1.2024 passed by the learned Special Judge, SC/ST Act, Kushinagar at Padrauna whereby the bail application no.76 of 2024 moved by the appellant has been rejected in Case Crime No. 366 of 2022, under Sections 323, 504, 506, 325, 307 IPC and under Section 3(2) (5) of SC/ST Act, Police Station Kotwali Padrauna, District Kushinagar.
3. The case of the prosecution as per the F.I.R is that on 23.07.2022 at around 1:30 p.m, son of the informant namely Ranjeet Kumar was returning to his home, the appellant along-with three named and four unnamed persons had beaten him with iron rod and wooden stick, addressed him with caste related words and threatened him. Ranjeet Kumar sustained serious injuries.
4. Learned counsel for the appellant has submitted that appellant is innocent and has been falsely implicated in this case. He submitted that general role has been assigned to the all the named and unnamed persons including the appellant. It is further submitted that no specific role has been assigned even by the injured of this case to the present appellant. Since general role has been assigned, therefore, it cannot be said who is the author of the injuries sustained by the injured. It is further submitted that initially charge sheet was submitted under Section 308 I.P.C., thereafter, further investigation was conducted and Section 307 I.P.C was substituted. It is further submitted that informant, injured and eye witness have assigned general role to all the named and unnamed persons. No motive has been assigned to the appellant in the F.I.R while it is disclosed that without any reason the appellant and other persons had beaten the son of the informant. It is also submitted that the co-accused Mitthu Kushwaha @ Vikas, having identical role, has been granted bail by coordinate Bench of this Court vide order dated 8.11.2023 passed in Criminal Appeal No.10178 of 2023. It is also submitted that the appellant is languishing in jail since 6.12.2023 having no criminal history. In case, the appellant is released on bail, he will not misuse the liberty of bail.
5. Per contra, learned A.G.A. as well as learned counsel for the respondent no.2 have supported the order passed by the Sessions court and vehemently opposed the prayer for grant of bail to the appellant but he could not dispute the aforesaid factual aspects of the matter.
6. It appears from the arguments advanced by the counsel for the parties and from perusal of material on record that the trial court has not properly considered the case of the appellant. Hence, in view of above consideration, the impugned order of rejection of bail passed by the trial court is, hereby, set aside.
7. Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the appellant; appellant being under-trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India, considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, Court is of the opinion that the appellant is entitled to be enlarged on bail.
8. Let appellant Vishal Gupta 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 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.
(ii) The appellant shall not pressurize/intimidate the prosecution witnesses.
(iii) The appellant 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 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 the trial court.
(v) The appellant shall remain present before the trial court on each date fixed, either personally or through his counsel.
(vi) The appellant shall not indulge in any criminal activity or commission of any crime after being released on bail.
9. 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 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 in accordance with law.
10. 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 appellant, if there is no other legal impediment.
11. 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.
12. The criminal appeal is allowed.
Order Date :- 8.5.2024
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