Allahabad High Court
Somprakash Alias Sompal Singh vs State Of U.P. And Another on 20 August, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:133577 Court No. - 81 Case :- CRIMINAL APPEAL No. - 7173 of 2024 Appellant :- Somprakash Alias Sompal Singh Respondent :- State of U.P. and Another Counsel for Appellant :- P.K. Upadhyay Counsel for Respondent :- G.A.,Sumit Goyal Hon'ble Manoj Bajaj,J.
Somprakash Alias Sompal Singh- Appellant has filed this appeal under Section 14-A(2) Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 to challenge the order dated 10.07.2024 passed by Special Judge, SC/ST Act, Saharanpur, whereby his application under Section 439 Cr.P.C. for grant of regular bail, during the pendency of trial in Sessions Trial No. 30 of 2018 (Somprakash @ Sompal Singh Vs. State of U.P. and another), under Sections 427, 447, 504, 506 I.P.C. and Section 3(1) Da Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, Police Station Gagalhedi, District Saharanpur, has been rejected.
Learned counsel for the appellant has argued that the appellant in discharge of his official duties as Revenue Inspector, initiated proceedings against the complainant/ opposite party no.2 under section 67 read with section 229-B Zamindari Abolition and Land Reforms Act, 1950 and the same were decided against the complainant vide order dated 15.12.2017, and on the ground of his eviction from the subject land, the complainant has falsely implicated him through a complaint dated 5.2.2018, wherein the process against the appellant was issued vide order dated 6.5.2019. He submits that the order dated 6.5.2019 is also under challenge before this Court through Criminal Appeal No.7399 of 2023, and pursuant to the issuance of arrest warrants by the trial court the appellant had surrendered before the trial court on 09.04.2024, and since then he is confined in judicial custody. He submits that the proceeding, prima facie, initiated by the complainant are misplaced, and as the case is based on a complaint, therefore, his further detention behind the bars may not be necessary. According to the learned counsel the Special Court, Saharanpur without considering the background of the case properly has refused the concession of regular bail to the appellant vide impugned order dated 10.07.2024, who prays that the impugned order be set-aside and the appellant be released on bail.
The prayer is opposed by learned counsel for the complainant who has argued that the averments in the complaint as well as the pre-summoning evidence has made out a prima facie case for commission of alleged offences punishable under sections 427, 447, 504, 506 I.P.C. and Section 3(1) Da Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 and the stand of the appellant that his case would fall within the exceptions contained in Chapter IV Indian Penal Code, i.e. he acted in good faith would be tested during trial only. Learned counsel has argued that the trial court has carefully examined the material relied upon by prosecution, while refusing regular bail to the appellant and the said order does not call for any interference in exercise of appellate jurisdiction.
After hearing the learned counsel for the parties and considering their submissions, this court finds that the trial is yet to commence and allegations by complainant are yet to proved by prosecution, therefore, further detention of appellant behind the bars may not serve any useful purpose. Thus, this Court finds that it to be a fit case for extending the concession of regular bail to the appellant. A reading of the impugned order dated 10.07.2024 would show that the Special Court, Saharanpur has failed to appreciate the facts and circumstances of the case properly while refusing to exercise its discretion in favour of the accused, therefore, the impugned order is not sustainable.
Resultantly, without meaning any expression of opinion on the merits of the case, the impugned order dated 10.07.2024 is set aside, the bail application filed by the appellant under Section 439 Cr.P.C. is hereby accepted, and it is ordered that the appellant- Somprakash Alias Sompal Singh, be released on regular bail in the above case crime subject to his furnishing the requisite bail bonds and surety bonds to the satisfaction of the trial court.
The appeal is allowed.
Order Date :- 20.8.2024 Shiv