Mohar Singh v. State of U.P. and Another

Court No. - 85 Case :- CRIMINAL APPEAL No. - 8080 of 2023 Appellant :- Mohar Singh Respondent :- State of U.P. and Another Counsel for Appellant :- Ashok Kumar Singh,Pratibha Singh Counsel for Respondent :- G.A.,Meva Lal Yadav Hon'ble Mayank Kumar Jain,J. Supplementary affidavit filed today by learned counsel for the appellant is taken today. Heard learned counsel for the appellant, learned counsel for the informant, learned AGA for opposite party no.1 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

13.07.2023 whereby the Special Judge, (SC/ST) Act, Kasganj has rejected the bail of the appellant moved by him arising out of case crime no. 319 of 2012, under Sections 147, 452, 376, 323, 504, 506, 120B of IPC and under Section 3(1)10 of SC/ST Act, Police Station Patiyali, District Kasganj. The prosecution case as per the F.I.R is that on 22.12.2011 at around 5:00 p.m when the informant was alone at her house, appellant along with named accused entered into the house armed with country made pistol. Co-accused Umesh committed rape with the informant and appellant addressed her husband with caste related words and beaten him badly. Learned counsel for the appellant has submitted that appellant is innocent and has been falsely implicated in this case. He further submitted that initially final report was submitted in this case and appellant is summoned to face the trial on protest petition filed by the informant. It is further submitted that F.I.R was lodged after four months of the incident and no plausible explanation was given for it. It is further submitted that there is no allegation of committing rape against the appellant, the allegation of committing rape is against the co-accused Umesh who has already been granted bail. Further, it is submitted that criminal history of appellant is explained in paragraph-5 of the Supplementary Affidavit having 5 cases in his credit and in all cases final report has been submitted. Appellant is languishing in jail since

05.07.2023. In case, the appellant is released on bail, he will not misuse the liberty of bail. Per contra, learned A.G.A. assisted by the learned counsel for the respondent have supported the order passed by the Sessions court and vehemently opposed the prayer for grant of bail to the appellant but could not dispute the fact that there is no allegation of committing rape against the appellant and main accused has already been granted bail. 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, Mohar Singh 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 :- 17.10.2023 PS High Court of Judicature at Allahabad