High Court
Case Details
Neutral Citation No. - 2025:AHC:73109 Court No. - 80 Case :- CRIMINAL APPEAL No. - 4586 of 2024 Appellant :- Yogesh Kumar Tiwari Respondent :- State of U.P. and Another Counsel for Appellant :- Jai Shanker Malviya Counsel for Respondent :- G.A.
Legal Reasoning
8. Knife blow was found upon the body of the deceased by the doctor while performing the postmortem. The accused appellant has been seen by the witnesses of fact at the place of occurrence at the time of incident and prima facie they supported the prosecution version. 9. Considering the facts and circumstances of the case, the rival submissions made by the parties, nature of offence, complicity of accused and taking into account the fact that the deceased belonged to weaker section of the Society and ample evidence was collected by the Investigating Officer against the present accused appellant as well and his active participation in the commission of the crime has come into light on the basis of the evidence collected during investigation, this Court finds that no ground is made out to allow the appeal, set-aside the bail rejection order and release the accused appellant on bail. The court concerned has properly considered the case of the appellant. Hence, in view of the above consideration, the order of rejection of bail passed by the court concerned dated 19.1.2024 is affirmed. 10. Accordingly, this appeal is dismissed. Order Date :- 25.4.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad
Arguments
Hon'ble Nalin Kumar Srivastava,J. 1. Heard learned counsel for the appellant and learned A.G.A. for the State. None appears on behalf of respondent no.2 despite service of notice. 2. This criminal appeal under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant - Yogesh Kumar Tiwari with the prayer to allow the appeal, set aside the bail rejection order dated 19.1.2024 passed by Addl. Sessions Judge / Special Judge (SC/ST Act), Jalaun at Orai and release the appellant on bail in case crime no.842 of 2023 under Sections 302, 504, 506 IPC and Section 3 (2) (V) S.C./S.T. Act, Police Station Kotwali Orai, District Jalaun. 3. Prosecution story, as unfolded in the F.I.R., is that on 21.10.2023 at about 5:30 P.M. when Harsh, the grandson (nati) of the informant, had gone to fitness centre alongwith his friend Aniket, an altercation took place over there with the present accused appellant Yogesh Tiwari and his two unknown associates and when Harsh objected the accused not to hurl abuses, the two unknown associates of Yogesh Tiwari caught hold of Harsh and the present appellant with intention to kill Harsh, inflicted knife blow to him. The incident was seen by witness Ayush, Aniket and Deva. Injured Harsh was taken to the hospital but could not survive. The incident was covered in CCTV. F.I.R. was lodged and after submission of charge-sheet, now trial has started. 4. It is submitted by the learned counsel for the appellant that the appellant is innocent and has been falsely implicated in this case. He has not committed the present offence. Alleged offences are not attracted against him. It is also submitted that the prosecution story is totally false and fabricated. Essential ingredients to constitute an offence under the SC/ST Act are completely missing in this case. It is also submitted that it is a case of false implication of the present appellant. There is no eyewitness of the alleged incident and the witnesses, who were examined before the trial court, do not support the prosecution case in their testimonies. It is also submitted that the alleged witnesses of fact have stated that the present appellant inflicted several knife blows upon the deceased but in the postmortem report only one knife blow injury has been found by the doctor which falsifies the prosecution case. It is also submitted that the appellant had absolutely no motive to commit the crime. It is also submitted that the F.I.R. of this case was lodged belatedly for which no plausible explanation has been offered by the prosecution. The informant of this case himself is not an eyewitness. The alleged story of the recovery of murder weapon knife is a false and concocted story of prosecution, which is not supported by any cogent evidence. It is also submitted that the said knife was sent to F.S.L. but the F.S.L. Report also does not corroborate the prosecution version and no blood stains were found upon the knife. It is also submitted that the trial in this matter has started and the witnesses of fact have been examined and now there is no possibility to influence the witnesses of this case by the appellant. It is also submitted that the appellant is languishing in jail since 24.10.2023. It is further submitted that the bail application of the appellant has been rejected in an illegal manner by the Special Judge (S.C./S.T. Act), Jalaun at Orai. It is further submitted that the Court concerned while passing the impugned order did not take into account the facts and evidence available on record in right perspective and erred in passing the same. It is lastly submitted that the impugned order rejecting the bail application of the appellant suffers from infirmity and illegality warranting interference by this Court. On the basis of aforesaid points, a prayer for grant of bail by allowing the present appeal has been made. 5. On the other hand, learned A.G.A. vehemently opposed the present appeal and it has been submitted that the deceased belonged to the weaker section of the society and was a member of SC/ST community. It is further submitted that this is a case based on eyewitness account and in in their testimonies before the court, the witnesses have fully supported the prosecution case and specific role of assault by use of knife upon the deceased has been assigned to the present appellant. It is also submitted that blood stains were found upon the murder weapon knife, which was retrieved by the police on the pointing out of the present accused appellant. There is no possibility of false implication of the appellant. It is also submitted that in this case a murder of a young boy has been committed by the accused appellant with the aid of his associates. It is also submitted that at this stage of hearing on the point of bail, there is no occasion to elaborately analyze the evidence of the witnesses recorded before the court, rather it can be seen at the time of hearing the case on merits. It is also submitted that the Investigating Officer has collected ample evidence against the appellant and charge-sheet in this matter has been submitted. There is no infirmity or illegality in the impugned order rejecting the bail application of the accused appellant. It is also submitted that the active participation of the accused appellant in the commission of the crime has been come into light on the basis of the evidence collected during investigation. The appellant is not entitled for any relaxation and his bail application is liable to be rejected and the appeal is liable to be dismissed. 6. I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record including the impugned order carefully. 7. From the submissions made by the learned counsel for the appellant it appears that this Court has to examine the entire testimony of the witnesses of fact and other formal witnesses elaborately and also to scrutinize it for the purpose of disposal of the bail application, which would not be proper at this stage and that will affect the trial of the case when the matter will be heard on merits.