Allahabad High Court
Smt. Juli Begum And Another vs State Of U.P. And Another on 19 September, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:152670 Court No. - 81 Case :- CRIMINAL APPEAL No. - 4539 of 2024 Appellant :- Smt. Juli Begum And Another Respondent :- State of U.P. and Another Counsel for Appellant :- Ajay Sengar,Gunjan Yadav Counsel for Respondent :- G.A.,Laxmi Narayan Rathour Hon'ble Manoj Bajaj,J.
Appellants have filed this appeal under Section 14-A(2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for issuance of direction to release the appellants on anticipatory bail in Complaint Case No.0088 of 2022 arising out of Special Sessions Trial No.0012 of 2023 (Smt. Mamta Vs. Mohd. Arif and Others), under sections 323, 254, 387, 504, 506 I.P.C., 1860 and 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Kotwali-Jalaun, District- Jalaun.
On 9.8.2024, the following order was passed :-
"Learned counsel for the appellants-accused has argued that on the basis of a complaint by one of the appellants-accused, the opposite party no. 2, who is a nurse, along with others is facing prosecution for commission of an offence relating to the medical negligence, which is pending adjudication. Learned counsel submits that now opposite party no. 2 has filed the complaint, wherein the appellants have been summoned for alleged commission of offences punishable under Sections 323, 354, 387, 504, 506 IPC and Section 3(1)r, 3(1)s SC/ST Act and as per allegations, the accused entered the house of the complainant and abused her in the name of her caste. Learned counsel submits that since the alleged occurrence took place in the house of the complainant and nothing is in the public view, therefore, the offence under SC/ST Act would not be attracted. Learned counsel submits that pursuant to the summoning order, in case, the appellants appear before the Special Court, Jalaun, there is an apprehension that they may be taken in custody.
Learned counsel for the complainant, while opposing the prayer, has argued that four injuries were suffered by the complainant, and in this regard, he has produced the medico legal report dated 6th August, 2022. Learned counsel further submits that the accused have already challenged the summoning order dated 15.02.2023 in Criminal Appeal No. 3174 of 2023; titled Mohd. Arif and another vs. State of U.P. and another, wherein this Court has already ordered that no coercive measures be taken by the Special Court against the appellants, therefore, the present appeal seeking pre-arrest bail is without any cause of action.
Considering the above background as well as the fact that the appellants are willing to join the trial proceedings, it is ordered that in case, the appellants-accused appear before the trial court on or before 20th August, 2024, they be released on interim regular bail, subject to their furnishing the requisite bail bonds and surety bonds to the satisfaction of the trial court.
The case is adjourned to 19th September, 2024 as fresh."
Today, learned counsel for the appellants states that the above order has been complied with and the accused-appellants submitted themselves before the trial Court on 20.8.2024, who have been released on interim bail. According to him, the requisite bonds worth Rs.75,000/- each have been furnished.
None has appeared on behalf of complainant. Learned State Counsel does not refute the stand of learned counsel for the appellants.
In view of above, the order dated 9.8.2024 is hereby made absolute and it is ordered that the appellants shall remain on regular bail on the same sureties and bail bonds furnished by them on 20.8.2024.
With the aforesaid observations, the appeal stands disposed of.
Order Date :- 19.9.2024 Shiv