Rambabu Dube v. State of U.P. and Another

Court No. - 85 Case :- CRIMINAL APPEAL No. - 9196 of 2023 Appellant :- Rambabu Dube Respondent :- State of U.P. and Another Counsel for Appellant :- Manoj Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Mayank Kumar Jain,J.

¶1Counter affidavit filed on behalf of appellant in Court today is taken on record.

¶2Learned A.G.A. states that service of notice upon the informant/opposite party no.2 is sufficient.

¶3Heard learned counsel for the appellant, learned Additional Government Advocate for the State of U.P. and perused the record.

¶4This 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 22.08.2023 passed by learned Special Judge (SC/ST Act), Gautambudh Nagar in Bail Application No. 4209 of 2023, arising out of Case Crime No. 85 of 2023, under Sections 302, 201, 34 IPC and Section 3(2)(5) of SC/ST Act, Police Station Bisrakh, District Gautam Budh Nagar.

¶5As per FIR, the case of prosecution is that the informant had suspicion that the appellant along with other co-accused had committed the murder of his brother Ranjeet.

¶6Learned counsel for the appellant argued that the appellant is innocent and he has been falsely implicated in this case. It is further submitted that the FIR has been lodged on the basis of suspicion. There is no evidence except confessional statement of the appellant. Nothing has been recovered either on the pointing out or from the possession of the appellant. It is further submitted that co-accused Smt. Beena, Shubham Dubey, Manish Kumar and Neha having identical role have already been granted bail by the coordinate bench of this Court vide orders dated 25.05.2023,

26.07.2023, 04.07.2023 and 08.08.2023 passed in Criminal Appeal Nos. 2910 of 2023, 6951 of 2023, 5795 of 2023 and 6813 of 2023 respectively. Lastly, it is submitted by learned counsel for the appellant that there is no chance of the appellant fleeing away from the judicial process or tampering with the prosecution evidence. The appellant is languishing in jail since 06.02.2023 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.

¶7Per contra, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid factual aspects of the matter.

¶8Having regard to the facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, this Court is of the view that the appellant has made out a case for bail. The Court below erred in rejecting the bail application. The impugned order suffers from infirmity and illegality and the same is liable to be set-aside and the appeal is liable to be allowed.

¶9Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside.

¶10Let appellant, Rambabu Dube, involved in the above Case be released on bail on furnishing a personal bond and two 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