Allahabad High Court
Jitendra Singh @ Rajat Patel vs State Of U.P. Thru. Secy. Home, Lko. And ... on 18 May, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:34704 Court No. - 15 Case :- CRIMINAL APPEAL No. - 2916 of 2022 Appellant :- Jitendra Singh @ Rajat Patel Respondent :- State Of U.P. Thru. Secy. Home, Lko. And Another Counsel for Appellant :- Askari Husain,Durgesh Kumar Asthana,Pradeep Maurya,Sarvesh Kumar Pandey Counsel for Respondent :- G.A.,Devendra Pratap Azad,Sumit Kumar Srivastava Hon'ble Ajai Kumar Srivastava-I,J.
1. Case called out in the revised.
2. No one has appeared on behalf of respondent No.2 even in the revised list despite the fact that the names of Sri Devendra Pratap Azad, Advocate and Sri Sumit Kumar Srivastava, Advocate have been shown in the cause list.
3. Counter affidavit filed today by the learned A.G.A. for the State is taken on record.
4. Heard Sri Sarvesh Kumar Pandey, learned counsel for the appellant, Sri Himanshu Suryavanshi, learned Brief Holder for the State and perused the entire record.
5. This Criminal Appeal under Section 14-A (2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been preferred against the impugned order dated 21.10.2022 passed by the learned Special Judge, S.C./ S.T. Act, Lucknow in Bail Application No.9527 of 2022 titled as Jitendra Singh @ Rajat Patel vs. State of U.P. and another arising out of Case Crime No.367 of 2022, under Sections 307, 325, 341, 504, 506 I.P.C. and Sections 3(2)V S.C./ S.T. Act, Police Station Para, District Lucknow, whereby the bail application of the appellant has been rejected.
6. Learned counsel for the appellant has submitted that innocent appellant has been falsely implicated in this case. His further submission is that initially a false first information report came to be lodged against six named accused persons including the present appellant and some unknown accused persons for the offence under Sections 147, 308 I.P.C. and 3(1)(da) & 3(1)(dha) S.C./ S.T. Act. Upon conclusion of investigation, a charge sheet came to be submitted against present appellant under Sections 307, 325, 341, 504, 506 I.P.C. and Sections 3 (2) V SC/ ST Act.
7. His further submission is that there are vague and general allegations against all the accused persons including the present accused/ appellant, who are stated to have assaulted the victim. No incriminating article has been recovered from his possession or on the pointing out of the present accused/ appellant.
8. It is also submitted by learned counsel for the appellant that the co-accused persons, namely, Abhijit @ Chhotu and Ashutosh Bhardwaj @ Ramu have already been granted bail by this Court vide order dated 03.05.2023 passed in Criminal Misc. Bail Application No.13384 of 2022 titled as Abhijit @ Chhotu vs.Sate of U.P. and vide order dated 16.05.2023 passed in Criminal Appeal No.994 of 2023 titled as Ashutosh Bhardwaj @ Ramu vs. State of U.P. and another respectively.
9. 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. The accused/appellant is languishing in jail since 07.10.2022, who has no previous criminal history.
10. For the aforesaid reasons, learned counsel for the appellant submits that the instant criminal appeal deserves to be allowed. The impugned order dated 21.10.2022 deserves to be set aside and consequently the appellant deserves to be enlarged on bail during pendency of the trial.
11. Per contra, learned A.G.A. has vehemently opposed the prayer by submitting that the present appellant was named in the first information report. His further submission is that upon conclusion of investigation, charge sheet came to be submitted against the present appellant. Therefore, the accused/ appellant does not deserve to be enlarge on bail and the instant criminal appeal deserves to be dismissed. However, he could not dispute the other factual submission advanced by learned counsel for the appellant.
12. 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 against six named accused persons including the present appellant and some unknown accused persons for the offence under Sections 147, 308 I.P.C. and 3(1)(da) & 3(1)(dha) SC/ST Act. Upon conclusion of investigation, a charge sheet came to be submitted against present appellant under Sections 307, 325, 341, 504, 506 I.P.C. and Sections 3 (2) V S.C./ S.T. Act. No incriminating article has been recovered from his possession or on the pointing out of the present accused/ appellant. the co-accused persons, namely, Abhijit @ Chhotu and Ashutosh Bhardwaj @ Ramu have already been granted bail by this Court vide order dated 03.05.2023 passed in Criminal Misc. Bail Application No.13384 of 2022 titled as Abhijit @ Chhotu vs.Sate of U.P. and vide order dated 16.05.2023 passed in Criminal Appeal No.994 of 2023 titled as Ashutosh Bhardwaj @ Ramu vs. State of U.P. and another respectively. The accused/ appellant is languishing in jail since 07.10.2022, who has no previous criminal history.
13. Considering the aforesaid facts and circumstance of the case, without expressing any opinion on the merits of the case, the Court 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.
14. Accordingly, the instant criminal appeal is allowed. Consequently, the impugned order dated 21.10.2022 passed by the learned Special Judge, S.C./ S.T. Act, Lucknow in Bail Application No.9527 of 2022 titled as Jitendra Singh @ Rajat Patel vs. State of U.P. and another arising out of Case Crime No.367 of 2022, under Sections 307, 325, 341, 504, 506 I.P.C. and Sections 3(2)V S.C./ S.T. Act, Police Station Para, District Lucknow, is, hereby, set aside.
15. Let the appellant, Jitendra Singh @ Rajat Patel 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 :- 18.5.2023 cks/-