Gulashan Yadav v. State of U.P. and Another

Court No. - 85 Case :- CRIMINAL APPEAL No. - 7458 of 2023 Appellant :- Gulshan Yadav Respondent :- State of U.P. and Another Counsel for Appellant :- Pavan Kumar Srivastava Counsel for Respondent :- G.A. Hon'ble Mayank Kumar Jain,J. Heard learned counsel for the appellant, learned AGA for opposite party no.1, learned counsel for the respondent 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

07.02.2023 whereby the Special Judge, SC/ST Act, Mau has rejected the bail application of the appellant moved by him in Case Crime No. 507 of 2022, under Sections 147 323, 504, 506, 325, 308 of IPC and under Section 3(1) (da) of SC/ST Act, Police Station Sarailakhansi, District Mau. As per the FIR the case of the prosecution is that on 17.09.2022 at around 11:00 a.m,when the cousin brother of the informant namely Ritesh was selling fruits in market, appellant along-with other persons came armed with wooden stick and iron rod and addressed Ritesh with caste related words and had beaten him. Learned counsel for the appellant has submitted that appellant is innocent and has been falsely implicated in this case. He submitted that general role has been assigned to the all the named persons including the appellant. The injured sustained three injuries on his person, since general role has been assigned, therefore, it cannot be said who is the author of the injury. It is further submitted that nothing incriminating has been recovered either on the pointing out or from the possession of the appellant. It is further submitted that injured Ritesh in his statement recorded under Section 161 Cr.P.C has also attributed general role to all the named persons. The appellant is languishing in jail since 13.06.2023 and criminal history of the appellant has been explained in paragraph-20 of the affidavit. 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 but he could not dispute the aforesaid factual aspects of the matter. It 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 impugned order of rejection of bail passed by the trial court 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; 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, Gulshan Yadav 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.

(vii) The appellant shall, after release from the jail pay Rs. 1.5 lacs through a demand draft to the informant before the court concerned failing which the trial court would be at liberty to cancel the bail of the appellant. 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 :- 17.10.2023 PS High Court of Judicature at Allahabad