High Court · 2025

2. Heard Sri Prateek Shukla, Advocate holding brief of Sri Ravi Shankar Tripathi, learned counsel for the appellant, Sri V.D. Ojha, learned counsel for the State and perused the record.

3. The appeal is reported to be defective by the office with a defect that certified copy of the first information report is not annexed for which exemption application has been filed.

4. Learned counsel for the appellant submits that he has filed a certified copy of the first information report through supplementary affidavit dated 24.03.2025. The said supplementary affidavit is on record. A perusal of the same goes to show that the certified copy of the first information report is annexed as Annexure-1 to the same.

5. The office shall allot a regular number to this appeal.

6. Vide order dated 07.03.2025 notice was issued to the opposite party no.2. As per the office report dated 15.04.2025 a report regarding service of notice has been received. The report dated 10.04.2025 of the Chief Judicial Magistrate, Budaun is on record which states that notice has been served on the opposite party no.2. Despite service of notice, no one appears on behalf of the opposite party no.2.

7. The Court thus proceeds to hear the matter on merits.

8. This criminal appeal under Section 14-A(2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "S.C./S.T. Act") has been filed by the appellant- Charan Singh, with the prayer to allow this appeal and release the appellant on bail in connection with Case Crime No. 70 of 2022, under Sections 147, 323, 354-B, 452, 504 I.P.C. and Section 3(2) 5-Ka, SC/ST (PA) Act, Police Station Kotwali, District Budaun, during the pendency of trial.

9. The first information report of the matter was lodged on 06.02.2022 by one of the victims who is daughter of late Hansraj against Girish (member), Pawan, Gabbar and 02 unknown persons alleging therein that the said accused persons came to her house on 05.02.2022 at about 10 pm due to construction of a chabutra and started hurling abuses which was opposed by them after which all the five accused persons entered in the house and assaulted her mother Smt. Veera Devi with a danda and pushed her in a pit. The accused persons were in an intoxicated condition and all were armed with kulhadi and danda. Her mama was assaulted with a kulhadi who received internal injury. The accused persons outraged her modesty when she was cooking food and pulled her and tore her clothes. She made a video clip of it. They hurled caste related abuses. A report be lodged and action be taken.

10. In the present matter Smt. Veera Devi is an alleged injured who during medical examination was found to have received a reddish contusion and had made complaint of pain on chest. The injuries were kept under observation and X-Ray was advised for chest and knee. X-Ray examination did not find any abnormality in it. Girdhari the other injured was medically examined who was found to have received a reddish contusion on the left thigh and his injury was opined to be simple in nature. The first informant was medically examined but was not found to have any injury on her body. She was advised X-Ray for determination of her age. The Chief Medical Officer concerned after her medical examination opined her to be about 25 years of age as per his certificate dated 18.02.2022.

11. Learned counsel for the appellant submitted that the appellant is not named in the first information report. It is submitted that the name of the appellant has surfaced in the present matter for the first time in the statement of the first informant recorded under Section 161 Cr.P.C. It is submitted that common & general role has been assigned to the appellant and 04 other accused persons of being armed with danda whereas co-accused Girish has been assigned the role of having a kulhadi with him. It is further submitted that the first informant in her statement recorded under Section 164 Cr.P.C. has reiterated the same prosecution version and has named the accused. It is submitted that naming of the appellant at a subsequent stage is an afterthought. It is further submitted that co-accused Girish Kumar has been granted bail by another Bench of this Court vide order dated 23.02.2023 passed in Criminal Appeal No. 9623 of 2022, the copy of the said order is annexed as Annexure-11 to the affidavit. The investigation in the matter has concluded and charge-sheet has been submitted. It is submitted that there is no recovery of any incriminating material either from the possession or on the pointing out of the appellant. The appellant is in jail since 23.09.2024.

12. Per contra, learned counsel for the State opposed the prayer for bail and submitted that the investigation in the matter has concluded and charge-sheet has been submitted against the appellant and other co-accused persons.

13. After having heard learned counsels for the parties and perusing the records, it is evident that the appellant is not named in the first information report. His name has surfaced in the matter for the first time when the statement of the first informant / victim has been recorded under Section 161 Cr.P.C. Common & general role has been assigned to the appellant. The investigation in the matter has concluded and charge-sheet has been submitted.

14. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the appellant may be enlarged on bail.

15. Let the appellant- Charan Singh, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- i) The appellant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The appellant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The appellant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) The appellant will not misuse the liberty of bail in any manner whatsoever. In case, the appellant misusees the liberty of bail during trial and in order to secure his presence proclamation under section 84 BNSS, 2023 may be issued and if 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 209 BNS, 2023. (v) The appellant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 BNSS, 2023. 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 and the trial court may proceed against him under Section 269 BNS, 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the appellant.

16. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the appellant to prison.

17. Accordingly, the appeal succeeds and the same stands allowed.

18. The impugned order dated 05.10.2024 passed by the learned Additional Session Judge / Special Judge, S.C./S.T. (P.A.) Act of the aforesaid case is hereby set aside. Order Date :- 24.6.2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad

2. Heard Sri Prateek Shukla, Advocate holding brief of Sri Ravi Shankar Tripathi, learned counsel for the appellant, Sri V.D. Ojha, learned counsel for the State and perused the record.

3. The appeal is reported to be defective by the office with a defect that certified copy of the first information report is not annexed for which exemption application has been filed.

4. Learned counsel for the appellant submits that he has filed a certified copy of the first information report through supplementary affidavit dated 24.03.2025. The said supplementary affidavit is on record. A perusal of the same goes to show that the certified copy of the first information report is annexed as Annexure-1 to the same.

5. The office shall allot a regular number to this appeal.

6. Vide order dated 07.03.2025 notice was issued to the opposite party no.2. As per the office report dated 15.04.2025 a report regarding service of notice has been received. The report dated 10.04.2025 of the Chief Judicial Magistrate, Budaun is on record which states that notice has been served on the opposite party no.2. Despite service of notice, no one appears on behalf of the opposite party no.2.

7. The Court thus proceeds to hear the matter on merits.

8. This criminal appeal under Section 14-A(2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "S.C./S.T. Act") has been filed by the appellant- Charan Singh, with the prayer to allow this appeal and release the appellant on bail in connection with Case Crime No. 70 of 2022, under Sections 147, 323, 354-B, 452, 504 I.P.C. and Section 3(2) 5-Ka, SC/ST (PA) Act, Police Station Kotwali, District Budaun, during the pendency of trial.

9. The first information report of the matter was lodged on 06.02.2022 by one of the victims who is daughter of late Hansraj against Girish (member), Pawan, Gabbar and 02 unknown persons alleging therein that the said accused persons came to her house on 05.02.2022 at about 10 pm due to construction of a chabutra and started hurling abuses which was opposed by them after which all the five accused persons entered in the house and assaulted her mother Smt. Veera Devi with a danda and pushed her in a pit. The accused persons were in an intoxicated condition and all were armed with kulhadi and danda. Her mama was assaulted with a kulhadi who received internal injury. The accused persons outraged her modesty when she was cooking food and pulled her and tore her clothes. She made a video clip of it. They hurled caste related abuses. A report be lodged and action be taken.

10. In the present matter Smt. Veera Devi is an alleged injured who during medical examination was found to have received a reddish contusion and had made complaint of pain on chest. The injuries were kept under observation and X-Ray was advised for chest and knee. X-Ray examination did not find any abnormality in it. Girdhari the other injured was medically examined who was found to have received a reddish contusion on the left thigh and his injury was opined to be simple in nature. The first informant was medically examined but was not found to have any injury on her body. She was advised X-Ray for determination of her age. The Chief Medical Officer concerned after her medical examination opined her to be about 25 years of age as per his certificate dated 18.02.2022.

11. Learned counsel for the appellant submitted that the appellant is not named in the first information report. It is submitted that the name of the appellant has surfaced in the present matter for the first time in the statement of the first informant recorded under Section 161 Cr.P.C. It is submitted that common & general role has been assigned to the appellant and 04 other accused persons of being armed with danda whereas co-accused Girish has been assigned the role of having a kulhadi with him. It is further submitted that the first informant in her statement recorded under Section 164 Cr.P.C. has reiterated the same prosecution version and has named the accused. It is submitted that naming of the appellant at a subsequent stage is an afterthought. It is further submitted that co-accused Girish Kumar has been granted bail by another Bench of this Court vide order dated 23.02.2023 passed in Criminal Appeal No. 9623 of 2022, the copy of the said order is annexed as Annexure-11 to the affidavit. The investigation in the matter has concluded and charge-sheet has been submitted. It is submitted that there is no recovery of any incriminating material either from the possession or on the pointing out of the appellant. The appellant is in jail since 23.09.2024.

12. Per contra, learned counsel for the State opposed the prayer for bail and submitted that the investigation in the matter has concluded and charge-sheet has been submitted against the appellant and other co-accused persons.

13. After having heard learned counsels for the parties and perusing the records, it is evident that the appellant is not named in the first information report. His name has surfaced in the matter for the first time when the statement of the first informant / victim has been recorded under Section 161 Cr.P.C. Common & general role has been assigned to the appellant. The investigation in the matter has concluded and charge-sheet has been submitted.

14. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the appellant may be enlarged on bail.

15. Let the appellant- Charan Singh, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- i) The appellant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The appellant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The appellant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) The appellant will not misuse the liberty of bail in any manner whatsoever. In case, the appellant misusees the liberty of bail during trial and in order to secure his presence proclamation under section 84 BNSS, 2023 may be issued and if 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 209 BNS, 2023. (v) The appellant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 BNSS, 2023. 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 and the trial court may proceed against him under Section 269 BNS, 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the appellant.

16. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the appellant to prison.

17. Accordingly, the appeal succeeds and the same stands allowed.

18. The impugned order dated 05.10.2024 passed by the learned Additional Session Judge / Special Judge, S.C./S.T. (P.A.) Act of the aforesaid case is hereby set aside. Order Date :- 24.6.2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad