Razia Khatoon and Another v. State of U.P. and Another

Court No. - 85 Case :- CRIMINAL APPEAL No. - 11061 of 2023 Appellant :- Razia Khatoon And Another Respondent :- State of U.P. and Another Counsel for Appellant :- Vijay Kumar Yadav Counsel for Respondent :- G.A. Hon'ble Mayank Kumar Jain,J. Compliance affidavit filed on behalf of appellants is taken on record. Heard learned counsel for the appellants, learned counsel for the informant/opposite party no. 2, learned Additional Government Advocate for the State of U.P. and perused the record. This 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 7.10.2023 passed by learned Judge/Special (SC/ST Act), Siddharthnagar in Bail Application Nos. 1587 of 2023, arising out of Case Crime No. 237 of 2023, under Sections 323, 504, 506, 307 I.P.C. and Section 3(1)(d), 3(1) (dh), 3(2)(5), 3(2)(5a) of the SC/ST Act, Police Station Bansi, District Siddharth Nagar. There is allegation in the F.I.R. against the applicants that along with other named accused on 17.08.2023.. at around 7.30 P.M. on some dispute appellants abused and addressed with the caste related words to the informant and her sister. Learned counsel for the appellants argued that the appellants are innocent and they have been falsely implicated in this case. It is further submitted there are general allegations against all the accused in the F.I.R. No specific role has been assigned to any of the accused. The injuries sustained by the injured are opined to be simple in nature. It is further submitted that no recovery has been made out on the pointing out of the appellants. It is further submitted that appellants are lady and there was no previous enmity with the informant. The first information report of the case is lodged after delay of two days while there is no explanation of such inordinate delay. Lastly, it is submitted by learned counsel for the appellants that there is no chance of the appellants fleeing away from the judicial process or tampering with the prosecution evidence. The appellants are languishing in jail since 15.09.2023 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in the early disposal of the case. Per contra, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid factual aspects of the matter. Having 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 appellants have 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. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellants is set-aside. Let the appellant, namely, Razia Khatoon and Zahida Khatoon 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 appellants will not tamper with the evidence during the trial.

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

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

(iv) The appellants 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 appellants 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 them 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 :- 5.12.2023/SY High Court of Judicature at Allahabad