Allahabad High Court
Altamas vs State Of U.P.And Anothers on 5 January, 2021
Author: Ajit Kumar
Bench: Ajit Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 88 Case :- CRIMINAL APPEAL No. - 2218 of 2020 Appellant :- Altamas Respondent :- State Of U.P.And Anothers Counsel for Appellant :- Sanjeev Kumar Yadav Counsel for Respondent :- G.A.,Satyawan Yadav Connected with Case :- CRIMINAL APPEAL No. - 2299 of 2020 Appellant :- Ehsan Respondent :- State Of U.P.And Another Counsel for Appellant :- Vipul Kumar Dubey Counsel for Respondent :- G.A.,Satyawan Yadav and Case :- CRIMINAL APPEAL No. - 2320 of 2020 Appellant :- Ali Ahmad @ And 3 Others Respondent :- State Of U.P.And Anothers Counsel for Appellant :- Satya Prakash Singh,Satyendra Narayan Singh Counsel for Respondent :- G.A.,Anand Kumar Srivastava and Case :- CRIMINAL APPEAL No. - 2321 of 2020 Appellant :- Lookman Respondent :- State Of U.P.And Anothers Counsel for Appellant :- Sanjeev Kumar Yadav Counsel for Respondent :- G.A. and Case :- CRIMINAL APPEAL No. - 2322 of 2020 Appellant :- Khursheed @ Kallu And Anothers Respondent :- State Of U.P.And Anothers Counsel for Appellant :- Sanjeev Kumar Yadav Counsel for Respondent :- G.A. and Case :- CRIMINAL APPEAL No. - 2341 of 2020 Appellant :- Suhail Respondent :- State of U.P. and Another Counsel for Appellant :- Bipin Kumar Tripathi Counsel for Respondent :- G.A.,Satyawan Yadav and Case :- CRIMINAL APPEAL No. - 2382 of 2020 Appellant :- Aarif And Another Respondent :- State of U.P. and Another Counsel for Appellant :- Jagadish Prasad Yadav Counsel for Respondent :- G.A. and Case :- CRIMINAL APPEAL No. - 2500 of 2020 Appellant :- Parvez And 2 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Satya Prakash Singh,Satyendra Narayan Singh Counsel for Respondent :- G.A.,Satyawan Yadav and Case :- CRIMINAL APPEAL No. - 2501 of 2020 Appellant :- Ashif Respondent :- State of U.P. and Another Counsel for Appellant :- Satya Prakash Singh,Satyendra Narayan Singh Counsel for Respondent :- G.A.,Satyawan Yadav Hon'ble Ajit Kumar,J.
Heard Sri Sanjeev Kumar Yadav, Vipul Kumar Dubey, Satyendra Narayan Singh, Satya Prakash Singh, Bipin Kumar Tripathi, Jagdish Prasad Yadav, learned counsel appearing in the respective appeals for the appellants-applicants, Sri Anand Kumar Srivastava, learned counsel for the complainant in Criminal Appeal No.2320 of 2020 and Sri Satyawan Yadav, learned counsel for the complainant in Criminal Appeal Nos.2218 of 2020, 2299 of 2020, 2341 of 2020, 2500 of 2020 and 2501 of 2020, learned AGA and perused the record.
All the above Criminal appeals filed under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 are heard and disposed off by this common order as they arise out of the same incident in connection with Case Crime No.111 of 2020 challenging the orders dated 10.7.2020 passed by learned Special Judges (SC/ST Act), Azamgarh in following bail applications respectively:
1. Bail Application No. 1774 of 2020, filed on behalf of Altamas in Case Crime No.111 of 2020 under Sections 147, 149, 323, 504, 506, 308, 324, 188, 269, 271 I.P.C., Section 3 & 4 of the Epidemic Diseases Act, 1897, Section 3(1)(r), 2(1)(s), 3(2)(va) SC/ST Act and Section 7 of Criminal Law Amendment Act, P.S.- Maharajganj, District- Azamgarh.
2. Bail Application No. 1498 of 2020, filed on behalf of Ehsan in Case Crime No.111 of 2020 under Sections 147, 149, 323, 504, 506, 308, 324, 188, 269, 271 I.P.C., Section 3 & 4 of the Epidemic Diseases Act, 1897, Section 3(1)(D), 2(1)(DH), 3(2)(va) SC/ST Act and Section 7 of Criminal Law Amendment Act, P.S.- Maharajganj, District- Azamgarh.
3. Bail Application No. 1646 of 2020 and Supplementary Bail Application No.1802 of 2020, filed on behalf of Ali Ahmad, Arshad, Shahid, Faiyaz in Case Crime No.111 of 2020 under Sections 147, 149, 323, 504, 506, 308, 324, 188, 269, 271 I.P.C., Section 3 & 4 of the Epidemic Diseases Act, 1897, Section 3(1)(r), 2(1)(s), 3(2)(va) SC/ST Act and Section 7 of Criminal Law Amendment Act, P.S.- Maharajganj, District- Azamgarh.
4. Bail Application No. 1447 of 2020 and Supplementary Bail Application No.1809 of 2020, filed on behalf of Ali Ahmad, Arshad, Shahid, Faiyaz in Case Crime No.111 of 2020 under Sections 147, 149, 323, 504, 506, 308, 324, 188, 269, 271 I.P.C., Section 3 & 4 of the Epidemic Diseases Act, 1897, Section 3(1)(r), 2(1)(s), 3(2)(va) SC/ST Act and Section 7 of Criminal Law Amendment Act, P.S.- Maharajganj, District- Azamgarh.
5. Bail Application No. 1498 of 2020, filed on behalf of Khursheed and Naushad in Case Crime No.111 of 2020 under Sections 147, 149, 323, 504, 506, 308, 324, 188, 269, 271 I.P.C., Section 3 & 4 of the Epidemic Diseases Act, 1897, Section 3(1)(r), 2(1)(s), 3(2)(va) SC/ST Act and Section 7 of Criminal Law Amendment Act, P.S.- Maharajganj, District- Azamgarh.
6. Bail Application No. 1444 of 2020, filed on behalf of Suhail in Case Crime No.111 of 2020 under Sections 147, 149, 323, 504, 506, 308, 324, 188, 269, 271 I.P.C., Section 3 & 4 of the Epidemic Diseases Act, 1897, Section 3(1)(D), 2(1)(DH), 3(2)(va) SC/ST Act and Section 7 of Criminal Law Amendment Act, P.S.- Maharajganj, District- Azamgarh.
7. Bail Application No. 1495 of 2020, filed on behalf of Aarif and Aameer in Case Crime No.111 of 2020 under Sections 147, 149, 323, 504, 506, 308, 324, 188, 269, 271 I.P.C., Section 3 & 4 of the Epidemic Diseases Act, 1897, Section 3(1)(D), 2(1)(DH), 3(2)(va) SC/ST Act and Section 7 of Criminal Law Amendment Act, P.S.- Maharajganj, District- Azamgarh.
8. Bail Application No. 1647 of 2020, filed on behalf of Parvez, Faizan and Noor Alam in Case Crime No.111 of 2020 under Sections 147, 149, 323, 504, 506, 308, 324, 188, 269, 271 I.P.C., Section 3 & 4 of the Epidemic Diseases Act, 1897, Section 3(1)(r), 2(1)(s), 3(2)(5a) SC/ST Act and Section 7 of Criminal Law Amendment Act, P.S.- Maharajganj, District- Azamgarh.
9. Bail Application No. 1601 of 2020 and Supplementary Bail Application No.1808 of 2020, filed on behalf of Ehsan in Case Crime No.111 of 2020 under Sections 147, 149, 323, 504, 506, 308, 324, 188, 269, 271 I.P.C., Section 3 & 4 of the Epidemic Diseases Act, 1897, Section 3(1)(r), 2(1)(s), 3(2)(5a) SC/ST Act and Section 7 of Criminal Law Amendment Act, P.S.- Maharajganj, District- Azamgarh.
Allegations in the first information report are that the incident took place at aroung 5.30 PM on 10.6.2020 when the applicants, it is stated to have started assaulting Sudhir, son of Vinod Kumar and Jaibheem, son of Guddu. Having heard the noise family members of Vinod Kumar and Jaibheem came out of their respective houses and all the accused persons, it is alleged, assaulted them criminally by using different kinds of weapons.
It has been submitted by learned Counsel for the appellant-applicants that the appellants are quite innocent and have been falsely implicated for ulterior motive. It is next submitted that Sudhir Kumar was specifically hit on his head with the butt of the country made pistol by Parvej and Sohail who are also the applicants before the Court. It is next submitted that it was all a dispute amongst the boys of the village that resulted in the involvement of so many people otherwise there is no rivalry as such. There is no criminal history of the accused applicants except Ehsan son of Saieed as Case Crime No.04 of 2019 under Sections 323, 452, 504, 506 IPC, Faizan, son of Nizamuddin as Case Crime No. 136 2017 under Sections 147, 148, 149, 323, 504, 506, 352, 336 IPC and Section 7 of Criminal Law Amendment Act and Noor Alam son of Parvez Case Crime No.136 2017 under Sections 147, 148, 149, 323, 504, 506, 352, 336 IPC and Section 7 of Criminal Law Amendment Act and all of them have been enlarged on bail. It is also argued that there is no question of involvement of the accused persons in connection with any rivalry between the two communities as the police has sought to give color at the instance of the complainant and on twisted statements of the injured, Sudhir. It is next urged that from the statement of Sudhir, it is clear that nobody was pin pointed as armed with a particular weapon nor, any role has been assigned specifically to any of the accused person. The version that has come up in the FIR has been rather given color in the statement of the witness of a fight between the two communities whereas the FIR version shows that it was merely a dispute amongst the boys of the village. It is also submitted that though the charge sheet has been submitted in the present case, but in the wake of heavy pendency of cases in the Court, there is no chance of any early conclusion of trial. The applicants are languishing in jail since June, 2020.
Per contra, the appeal has been opposed vehemently by the counsel for the complainant as well as the learned A.G.A. and they have submitted that it was an act well thought of that got executed and the statement of the injured witness cannot be ignored. However, they cannot dispute the fact that except the three persons who are also the applicants before this Court, are having no criminal history to their credit.
I have considered the rival submissions so made and having gone through the entire record including the order by which, bail application of the appellants-applicants have been rejected, impugned herein this appeal and having regard to the facts and circumstances of the case and keeping in view the evidence, complicity of accused, I am of the view that the appellants have made out a case for bail.
Accordingly, this appeal is allowed and the impugned orders dated 10.7.2020, passed in abovementioned bail application of the respective appellants are set aside.
Let the above named accused-appellants-applicants involved in the aforesaid crime be released on bail on furnishing their respective personal bonds and two sureties each of the like amount respectively by each one of them, to the satisfaction of Court concerned subject to the condition that applicants shall cooperate in the trial and will not jump the bail.
The concerned Court/Authority/Official is further directed to verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 5.1.2021 Deepika