High Court
Case Details
Court No. - 50 Case :- CRIMINAL APPEAL No. - 3644 of 2021
Legal Reasoning
Appellant :- Rajan Chaudhary Respondent :- State of U.P. and Another Counsel for Appellant :- Manoj Kumar Tripathi,Ashutosh Singh,Himanshu Srivastava,Rama Shankar Mishra Counsel for Respondent :- G.A.,Ardhendu Shekhar Sharma,Ram Babu Sharma Hon'ble Ram Manohar Narayan Mishra,J. Supplementary affidavit filed by learned counsel for the appellant is taken on record. Heard Shri Himanshu Srivastava counsel for appellant, Shri Jagvijay Dwivedi holding brief of Ram Babu Sharma, learned counsel for the private respondent and learned A.G.A. for the State. Instant criminal appeal has been preferred under Section 14A(2) of SC/ST Act against order dated 20.07.2021 passed by learned Session Judge/Special Judge (SC/ST Act) whereby bail application moved by the appellant has been rejected in Case Crime No. 78 of 2021 under Sections 323, 307 I.P.C. & 3(2)(va) SC/ST Act, P.S.- Hafizpur, District - Hapur. According to prosecution version, the informant Santram lodged an F.I.R. with P.S. concerned on 18.04.2021 at 9:50 P.M. stating that on the same date at around 6:30 P.M. Kalwa son of Nanwa was on way he met Rajan Chaudhary and Anil, who asked him to keep away from going on labour work at the place of Andhe to which he objected, whereupon the accused Rajan and Anil had beaten him badly and he anyhow escaped from the place and apprised his relative Devendra about the incident. Devendra went to place of Rajan Chaudhary and made complaint about the incident to which Rajan put out his pistol and hurled shot on Devendra, due to which he was hospitalized in serious condition. Learned counsel for the appellant submitted that the F.I.R. has been lodged by Santram, Section 3(2)(va) was added in F.I.R. only due to reason that the victim belongs to Schedule Caste. The statement of the injured has been recorded by Investigating Officer after his discharge from hospital, one gun shot has been found by the doctor on injured Devendra. He further stated that the appellant is held in jail custody since 19.06.2021 i.e. for around 2 years, there is no likelihood that accused/appellant if released on bail will influence the witnesses or tamper with the evidence in the case. He next submitted that the trial in the case is under way and the statement of injured has already been recorded and a copy of thereof is filed along with supplementary affidavit dated 13.03.2022 in which the injured victim P.W.3-Devendra has not made any allegations against the appellant and he has stated in its chief itself that on the date of incident some altercation took place between his brother Kalwa and Rajan with regard to election, on complaint of Kalwa, he visited the place of accused Rajan where some unknown person from the crowd had fired a shot which hit in his abdomen, he could not see the person who has fired at him ,the people took him to the hospital after the incident, he had not stated that appellant Rajan had fired a shot at him. 6 witnesses have been permitted to cross-examine by Prosecuting officer but none has made any allegations against the appellant and filed regarding the person who fired the shot at victim He lastly submitted that the appellant has not been assigned any prior criminal history, learned Trial Court has rejected the bail application without properly perusing the material on record. Learned counsel appearing for the first informant did not raise any objection and opposed the bail application in formal manner but he did not dispute the contentions made by the learned counsel for the appellant which is based on record. Learned A.G.A. opposed bail application and submitted that accused is named in F.I.R. as main accused for firing gun shot on the victim, he also stated complicity of appellant as main accused is mentioned in the statement recorded under Section 161 Cr.P.C by informant Santram and P.W.2 Kalwa and injury report of the victim also supports the facts of the incident related in F.I.R. It appears that the injured might have been influenced by accused side and he has not disclosed the true facts in his evidence. However, he did not dispute the factual submissions made by the appellant which is based on material on record. Considering in rival submissions of parties, nature of offence, complicity of accused, long incarceration of the appellant as under trial for around 2 years, the statement of the injured during trial and other contending facts and circumstances of the case but without expressing any opinion on merits of the case, a case of bail is made out. Consequently, the appeal is allowed and impugned order is set aside. Let the accused- Rajan Chaudhary in aforesaid case be released on bail on their furnishing personal bonds with two sureties each in the like amount to the satisfaction of the Court concerned with following conditions:- (i) That the appellant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That 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) That after his release, the appellant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the appellant on bail. It is made clear that in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the appellant. It is also 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. On acceptance of bail bonds and personal bonds, the lower court shall transmit Photostat copies thereof to this Court for being kept on the record. . Order Date :- 21.3.2023 Nitika Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad