High Court
Case Details
Court No. - 65 Case :- CRIMINAL APPEAL No. - 7533 of 2022 Appellant :- Hashim Respondent :- State of U.P. and Another Counsel for Appellant :- Zafar Abbas Counsel for Respondent :- G.A. Hon'ble Sanjay Kumar Pachori,J.
Legal Reasoning
After considering the facts of the present case it prima facie appears that; (a) The first information report was lodged against four persons including the present appellant; (b) General allegation of committing Marpeet has been assigned to the appellant and no specific role or involvement has been attributed to the appellant; (c) Co-accused Aijaj has been granted bail by the Co-ordinate Bench of this Court. (d) The appellant is languishing in jail since 04.09.2022; It is a settled law that while granting bail, the court has to keep in mind the nature of accusation, the nature of the evidence in support thereof, the severity of the punishment which conviction will entail, the character of the accused, the circumstances which are peculiar to the accused, his role and involvement in the offence, his involvement in other cases and reasonable apprehension of the witnesses being tampered with. Taking into account the totality of facts and keeping in mind, the ratio of the Apex Court's judgment in the case of State of Rajasthan v. Balchand @ Baliay (1977) 4 SCC 308, Gudikanti Narasimhulu And Ors., v. Public Prosecutor, High Court Of Andhra Pradesh, AIR 1978 SC 429, Ram Govind Upadhyay v. Sudarshan Singh & Ors., (2002) 3 SCC 598, Prasanta Kumar Sarkar v. Ashis Chatterjee & Anr., (2010) 14 SCC 496 and Mahipal v. Rajesh Kumar & Anr., (2020) 2 SCC 118, the larger interest of the public/State and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail. Hence, the present criminal appeal is allowed and impugned order dated 21.09.2022 is set aside. Let appellant/applicant, Hashim 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 applicant 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 applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant 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 applicant 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 applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. (vi) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 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 applicant 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. 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 applicant, if there is no other legal impediment. 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. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the appellant alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. Order Date :- 3.11.2022/Shafique Digitally signed by SAFIKUR RAHAMAN Date: 2022.11.05 13:43:21 IST Reason: Location: High Court of Judicature at Allahabad
Arguments
Shri Sudhakar Singh, Advocate holding brief of Shri Rajesh Kumar, Advocate has filed Vakalatnama on behalf of second respondent, which is taken on record. Heard Shri Rahul Dev, Advocate holding brief of Shri Zafar Abbas, learned counsel for the appellant, Shri Virendra Kumar Maurya, learned A.G.A for the State and Sri Sudhakar Singh, Advocate holding brief of Shri Rajesh Kumar, learned counsel for the second respondent and perused the record. The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant Hashim to set aside the impugned order dated 21.09.2022, whereby the Special Judge, SC/ST Act, Moradabad has rejected the bail application No. 3659 of 2022 of the appellant moved by him in Case Crime No. 55 of 2022 under Sections 323, 324, 325, 452, 504 I.P.C and Section 3(1)da, 3(1)dha, 3(2)(5) SC/ST Act, Police Station- Dilari, District- Moradabad. Brief facts of the case are that the first information report dated 17.03.2022 was lodged against the appellant and other co- accused persons namely, Aijaj, Islam and Mashroof stating that on 17.03.2022 at 6:00 p.m., some altercation took place between the son of the first informant and the son of one Hasnain. After that at 8:30 p.m., the accused persons entered into the house of the first informant and committed marpit by sticks and abused by caste derogatory words. In the incident, Anshu, Chhatrapal, Usha and Rakesh sustained injuries. Learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in the present case due to ulterior motive. General allegation of committing Marpeet has been assigned to the appellant and no specific role or involvement has been attributed to the present appellant. It is further submitted that the appellant is languishing in jail since 04.09.2022. The appellant has no criminal history. It is further submitted that co-accused Aijaj has been granted bail by the Co-ordinate Bench of this Court vide order dated 11.10.2022 passed in Criminal Appeal No. 7254 of 2022. It is further submitted that there is no possibility of the appellant of fleeing away after being released on bail or tampering with the witnesses. In case the appellant is enlarged on bail, he shall not misuse the liberty of bail. Per contra, learned A.G.A. as well as counsel for the second respondent have supported the order passed by the Special Judge and vehemently opposed the prayer for grant of bail to the applicant. They further submit that in case the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail.