Allahabad High Court
Anshuman Singh @ Shubham Singh vs State Of U.P. Thru. Prin. Secy. Home ... on 23 March, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 15 Case :- CRIMINAL APPEAL No. - 523 of 2023 Appellant :- Anshuman Singh @ Shubham Singh Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt., Lko. And Another Counsel for Appellant :- Vineet Kumar Mishra,Malti Mishra Counsel for Respondent :- G.A. Hon'ble Ajai Kumar Srivastava-I,J.
Objections filed today by the learned Brief Holder for the State is taken on record.
Heard Sri Vineet Kumar Mishra, learned counsel for the appellant, Sri Himanshu Suryavanshi, learned Brief Holder for the State and perused the entire record.
This instant second Criminal Appeal under Section 14-A (2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been preferred against the impugned order dated 16.01.2023 passed by the learned Special Judge (S.C./ S.T. Act)/ Additional District & Session Judge, Court No.2, Unnao in Case Registration No.163 of 2023 (Anshuman Singh @ Shubham Singh vs. State of U.P.) arising out of Case Crime No.0129 of 2021, under Section 507 I.P.C., Police Station Beeghapur, District Unnao.
Vide order dated 20.02.2023, notice was directed to be issued to respondent No.2, which has been served upon her as per report dated 17.03.2023 furnished by the learned Chief Judicial Magistrate, Unnao. However, no one has put in appearance on behalf of respondent No.2.
Learned counsel for appellant has submitted that the accused/ appellant in innocent, who has falsely been implicated in the present case. The first information report came to be lodged against the accused/ appellant on the basis of false and fabricated facts.
His further submission is that vide order dated 13.12.2022 passed by this Court in Criminal Appeal Defective No.156 of 2022 titled as Anshuman Singh @ Shubham Singh vs. State of U.P. and another, the accused/ appellant has already been granted bail for the offence under Sections 420, 406, 504, 506 I.P.C. and Section 3(2)5A S.C./ S.T. Act. However, a charge sheet came to be filed subsequently against the accused/ appellant for the offence under Section 507 I.P.C. also. Therefore, despite bail order having been passed in favour of the accused/ appellant, he is still languishing in jail since 15.03.2023.
Learned counsel for the appellant has also submitted that in case, the appellant is enlarged on bail, he shall not misuse the liberty of bail and he shall also fully cooperate with the trial court in getting the trial concluded expeditiously. He has further submitted that there is no possibility of the appellant to intimidate or pressurize the witnesses or any other persons acquainted with the facts of the present case.
For the aforesaid reasons, learned counsel for the appellant has submitted that the instant second criminal appeal deserves to be allowed. The impugned order dated 16.01.2023 passed by the learned Special Judge (S.C./ S.T. Act)/ Additional District & Session Judge, Court No.2, Unnao in Case Registration No.163 of 2023 (Anshuman Singh @ Shubham Singh vs. State of U.P.) arising out of Case Crime No.0129 of 2021, under Section 507 I.P.C., Police Station Beeghapur, District Unnao, deserves to be set aside and consequently, the accused/ appellant deserves to be enlarged on bail during pendency of the trial.
Per contra, Learned A.G.A. has vehemently opposed the prayer for grant of bail to the accused/ appellant by submitting that the accused/ appellant is named in the first information report. However,, he could not dispute the other factual submission advanced by learned counsel for the appellant.
Having heard the learned counsel for the appellant, learned A.G.A. for the State and upon perusal of record, it transpires that the first information report came to be lodged by the first informant on 13.08.2021 at 16:35 Hours. Vide order dated 13.12.2022 passed by this Court in Criminal Appeal Defective No.156 of 2022 titled as Anshuman Singh @ Shubham Singh vs. State of U.P. and another, the accused/ appellant has already been granted bail for the offence under Sections 420, 406, 504, 506 I.P.C. and Section 3(2)5A S.C./ S.T. Act. However, a charge sheet came to be filed subsequently against the accused/ appellant for the offence under Section 507 I.P.C. also. Therefore, the accused/ appellant is still languishing in jail since 15.03.2023.
Considering the facts and circumstance of the case, without expressing any view on the merit of the present case, this Court is of the view that the learned court below has failed to appreciate the material available on record. The order passed by the court below is liable to be set aside.
Accordingly, the instant second criminal appeal is allowed. Consequently, the impugned order dated 16.01.2023 passed by the learned Special Judge (S.C./ S.T. Act)/ Additional District & Session Judge, Court No.2, Unnao in Case Registration No.163 of 2023 (Anshuman Singh @ Shubham Singh vs. State of U.P.) arising out of Case Crime No.0129 of 2021, under Section 507 I.P.C., Police Station Beeghapur, District Unnao, is set aside.
Let the appellant, Anshuman Singh @ Shubham Singh be released on bail in the aforesaid case crime number with the following conditions:-
(i) The appellant shall furnish a personal bond with two sureties each of like amount to the satisfaction of the court concerned.
(ii) The appellant shall appear and strictly comply following terms of bond executed under section 437 sub section 3 of Chapter- 33 of Cr.P.C.:-
(a) The appellant shall attend in accordance with the conditions of the bond executed under this Chapter.
(b) The appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and
(c) The appellant 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.
(iii) The appellant shall cooperate with investigation /trial.
(iv) The appellant 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 court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(v) The appellant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(vi) In case, the appellant misuses the liberty of bail during trial, in order to secure his presence, proclamation under section 82 Cr.P.C. is issued and the appellant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(vii) The appellant shall remain present, 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 Cr.P.C. If in the opinion of the trial court absence of the appellant 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 against him in accordance with law.
(Ajai Kumar Srivastava-I, J.) Order Date :- 23.3.2023 cks/-