Allahabad High Court
Mandeep Singh And Another vs State Of U.P. And Another on 20 April, 2023
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD RESERVED ON 13.4.2023 DELIVERED ON 20.4.2023 Case :- CRIMINAL APPEAL No. - 9106 of 2022 Appellant :- Mandeep Singh And Another Respondent :- State of U.P. and Another Counsel for Appellant :- Arvind Prabodh Dubey Counsel for Respondent :- G.A.,Bhawesh Pratap Singh Hon'ble Siddharth,J.
Heard Shri Arvind Prabodh Dubey learned counsel for the appellants; Shri Bhawesh Pratap Singh, learned counsel for the opposite party no.2,learned AGA for the State and perused the material placed on record.
The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellants, Mandeep Singh and Ranvijay Singh @ Hariom Singh to set aside the impugned order dated 11.11.2022, whereby the Special Judge, SC/ST Act,/Additional Session Judge,Gorakhpur has rejected the bail application of the appellant moved by him in Case Crime No. 515 of 2022, under Sections 147,148,323,504,506,354,427,325 IPC and Section 3(1)(da) and 3(1)dha) SC/ST Act, Police Station Gagaha, District Gorakhpur.
The allegations are that informant is running a Dhaba for earning his livelihood,for the last about 4-5 days Mandeep Singh ,Aditya Tiwari along with 2-4 persons used to come to his Dhaba and after taking food and tea used to go back. Yesterday 14.10.2022 at about 9.30 P.M. they came after consuming liquor and demanded food from his servant.The servant informed them that food is not available. Thereafter they got annoyed and abused the informant and his servant and after extending threats went to the house of the informant. The accused persons attacked mother, sister, grand mother and grand father of informant by sharp edged weapons lathi and danda and tried to kill them. They also sexually molested females in the family and snatched the gold chain of his mother and ran away . Thereafter police was informed on number 112 .When police came to his house they again went to Dhaba of the informant and caused damage to the property there and after threatening his servants by caste related words they went away. It is alleged that accused persons have formed a gang and keep on committing such offences with poor people.
Learned counsel for the appellants has submitted that it is a case of false implication of the appellants. All the accused persons have been generally implicated because of village party bandi. It is a case of malicious prosecution under the provisions of S.C./S.T. Act.
Per contra, learned A.G.A. has supported the order passed by the Sessions court and vehemently opposed the prayer for grant of bail to the appellant and submits that the allegations involved are very serious in nature. But he could not point out any material to the contrary. He further submits that in case the appellants are released on bail, they will again indulge in similar activities and will misuse the liberty of bail.
Learned counsel for the informant/opposite party no.2 has vehemently opposed the bail application of the appellants and submitted that there are four eyewitnesses account of the incident and injury reports of the injured persons.It is a case of high-handedness and the offences against the appellants are clearly made out.
This Court after hearing the learned counsels for the parties does not finds any ground for enlarging the appellant on bail.
The criminal appeal is accordingly dismissed.
The court below is directed to conclude the trial against the appellant, as expeditiously as possible, preferably within a period of one year from the date of production of certified copy of this order.
Order Date :- 20.4.2023 Atul kr. sri.