Allahabad High Court
Satendra Alias Pappu vs State Of U.P. And Another on 17 October, 2024
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:165763 Court No. - 48 Case :- CRIMINAL APPEAL No. - 7158 of 2024 Appellant :- Satendra Alias Pappu Respondent :- State of U.P. and Another Counsel for Appellant :- Pankaj Kumar Tyagi,Shantanu Bhardwaj Counsel for Respondent :- G.A. Hon'ble Siddharth,J.
Heard learned counsel for the appellant and learned AGA for 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 appellant to set aside the impugned order dated 10.05.2024, whereby the Special Judge, SC/ST Act, Baghpat, has rejected the bail application of the appellant moved by him in (Satish @ Leelu and Satendra @Pappu Vs. State of U.P.) Case Crime No. 123 of 2022, under Sections 323, 504, 302, 201 and 120-B of IPC and Section 3(2)Va SC/ST Act, Police Station Chandi Nagar, District Baghpat.
This is second criminal appeal of the applicant. The first criminal appeal of the applicant was rejected by this Court on 16.05.2023.
Learned counsel for the appellant has submitted that subsequently co-accused, Gaurav Tyagi, who was the main accused, has been granted bail by this Court in Criminal Appeal No. 5257/2024 vide order dated 05.09.2024 which is quoted hereinbelow:-
"Heard Sri Vinod Singh, learned counsel for the appellant; learned AGA for opposite party no.1; Sri Sunil Kumar Dubey, learned counsel for opposite party no.2 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 appellant to set aside the impugned order dated Gaurav Tyagi, whereby the Special Judge, SC/ST Act, 01.5.2024 has rejected the bail application of the appellant moved by him in Case Crime No. 223 of 2022, under Sections 323, 504, 302, 201 IPC and Section 3(2)Va SC/ST Act, Police Station Chandi Nagar, District Baghpat.
This is second criminal appeal of the applicant. The first criminal appeal of the applicant was rejected by this Court on 12.12.2023 directing the trial court to conclude the trial against the applicant as expeditiously as possible, preferably within period of one year from the date of production of certified copy of this order as per Section 309 Cr.P.C.
Learned counsel for the appellant has submitted that appellant has been assigned the role of dispose of the dead body alongwith co-accused, Bittu @ Pradeep. He has submitted that co-accused, Bittu @ Pradeep, has been enlarged on bail in Criminal Appeal No.1073 of 2023 vide order dated 28.4.2023. The applicant is in jail since 18.9.2022. The applicant had no previous criminal history to his credit. Learned counsel for the appellant has futher submitted that the dead body of the deceased, which was recovered, was in a very bad condition. He has relied upon the report of Forensic Science Laboratory, U.P. Ghaziabad dated 05.1.2024 brought on record as Annexure No.10 of the affidavit in support of bail application. From the report, it is clear that dead body recovered did not matched with D.N.A. profile of father of deceased, Tejpal and his brother Dalchand. Implication of the applicant in this case is unjustified. Statement of only PW-1 was recorded at the time of filing of the appeal. The trial will take time to conclude.
Per contra, learned A.G.A. has supported the order passed by the court below and vehemently opposed the prayer for grant of bail to the appellant and submits that the allegations levelled are very serious in nature. He further submits that in case the appellant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail.
It appears from the arguments advanced by the counsel for the parties and from perusal of material on record that the court below has not properly considered the case of the appellant. Hence, in view of above consideration, the order of rejection of bail passed by the court below dated 01.5.2024 is, hereby, set aside.
Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the appellant; keeping in view uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; appellant being under-trial having fundamental right to speedy; larger mandate of the Article 21 of the Constitution of India, considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, Court is of the opinion that the appellant is entitled to be enlarged on bail.
Let appellant, Gaurav Tyagi, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
(i) 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.
(ii) The appellant shall not pressurize/intimidate the prosecution witnesses.
(iii) The appellant shall remain present, in person, 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 of Cr.P.C.
(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 the trial court.
(v) The appellant shall remain present before the trial court on each date fixed, either personally or through his counsel.
(vi) The appellant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. If in the opinion of the trial court that 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 in accordance with law.
The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously in accordance with law after the release of the appellant, if there is no other legal impediment.
It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
The criminal appeal is allowed."
Learned counsel for the appellant has submitted that the appellant is also entitled to enlarge on bail since the main role was assigned to co-accused, Gaurav Tyagi. The appellant has been falsely implicated in this case and assigned role of conspirator. He is languishing in jail since 12.01.2023. In case, the appellant is released on bail, he will not misuse the liberty of bail.
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 appellant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail.
It appears from the arguments advanced by the counsel for the parties and from perusal of material on record that the court below has not properly considered the facts of the case. Hence, in view of the above consideration, the order of rejection of bail passed by the court below dated10.05.2024 is, hereby, set aside.
Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the appellant; keeping in view uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; appellant being under-trial having fundamental right to speedy; larger mandate of the Article 21 of the Constitution of India, considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, court is of the opinion that the appellant is entitled to be enlarged on bail.
Let appellant, Satendra @ Pappu, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
(i) 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.
(ii) The appellant shall not pressurize/intimidate the prosecution witnesses.
(iii) The appellant shall remain present, in person, 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 of Cr.P.C.
(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 the trial court.
(v) The appellant shall remain present before the trial court on each date fixed, either personally or through his counsel.
(vi) The appellant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. If in the opinion of the trial court that 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 in accordance with law.
The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously in accordance with law after the release of the appellant, if there is no other legal impediment.
It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
The criminal appeal is allowed.
Order Date :- 17.10.2024 Abhishek