Tarkeshwar Kumar Singh v. State of U.P. and Another

Court No. - 85 Case :- CRIMINAL APPEAL No. - 10040 of 2022 Appellant :- Tarkeshwar Kumar Singh Respondent :- State of U.P. and Another Counsel for Appellant :- Santosh Kumar Tiwari,Ashok Kumar Yadav,Pankaj Kumar Mishra,Santosh Yadav,Saroj Kumar Dubey Counsel for Respondent :- G.A.,Rajnish Shukla Hon'ble Mayank Kumar Jain,J.

¶1Heard learned counsel for the appellant, learned counsel for the informant, learned Additional Government Advocate for the State of U.P. and perused the record.

¶2This criminal appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellants with the prayer to set aside the bail rejection order dated 01.12.2022 passed by learned Special Judge (SC/ST Act)/Additional Session Judge, Gorakhpur in Case Crime No. 30 of 2021, under Sections 406, 420, 504, 506 IPC and Section 3(1)(Da), Section 3(1)(Dha) of SC/ST Act, Police Station Gulariha, District Gorakhpur.

¶3As per FIR, the case of prosecution is that appellant had taken Rs. 16 lakhs from the informant on the pretext of executing a sale deed in his favour but appellant did not executed any sale deed. The appellant gave three cheques of Rs. 15 lakhs but they were dishonoured. Appellant threatened the informant and addressed him with caste related words.

¶4Learned counsel for the appellant argued that the appellant is not named in the F.I.R, he is innocent and has been falsely implicated in this case. It is further submitted that so far as three cheques given by the appellant is concerned a complaint under Section 138 N.I. Act is pending consideration before the competent court. The allegation in that complaint are similar to the present F.I.R. The appellant is languishing in jail since 02.11.2022 having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.

¶5Per contra, learned A.G.A. assisted by learned counsel for the informant opposed the prayer but could not dispute the aforesaid factual aspects of the matter.

¶6It appears from the arguments advanced by the counsel for the parties and from perusal of material on record that the trial court has not properly considered the case of the appellant. Hence, in view of above consideration, the order of rejection of bail passed by the trial court dated 01.12.2022 is, hereby, set aside.

¶7Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the appellant; 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.

¶8Let appellant, Tarkeshwar Kumar Singh, involved in the above Case be released on bail on furnishing a personal bond and two local and heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

(i) The appellant will not tamper with the evidence during the trial.

(ii) The appellant will not pressurize/intimidate the prosecution witness.

(iii) The appellant will appear before the trial court on the date fixed, unless personal presence is exempted.

(iv) The appellant shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.

(v) 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. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 12.10.2023 PS High Court of Judicature at Allahabad