Harvansh Singh Chauhan and Another v. State of U.P. and Another

Court No. - 85 Case :- CRIMINAL APPEAL No. - 12247 of 2023 Appellant :- Harvansh Singh Chauhan And Another Respondent :- State of U.P. and Another Counsel for Appellant :- Bhavisya Sharma Counsel for Respondent :- G.A.,Mohammad Asif Hon'ble Mayank Kumar Jain,J. Reply of short counter afÏdavit filed on behalf of appellants is taken on record. Heard learned counsel for the appellants, Mohd. Asif, learned counsel for the opposite party no. 2/informant, 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 22.11.2023 passed by learned Special Judge SC/ST (P.A.) Act, Court No. 2, Etawah in Bail Application No. 3012 of 2023, arising out of Case Crime No. 74 of 2023, under Sections 307, 323, 504, 506 IPC & Sections 3 (1) (Da) (Dha) and 3 2 (V) of SC/ST (P.A.) Act, Police Station Chakarnagar, District Etawah. There is allegation against the appellants that on

13.11.2023 at around 3.30 pm, they alongwith other accused assaulted the brother of informant by lathi and danda as a result of which he sustained grievous injury over his head. Thereafter, they fled from spot by addressing and abusing caste related words to him. Learned counsel for the appellants argued that the appellants have been falsely implicated in this case. No such incident took place. The injury sustained by the injured were found to be simple in nature. It if further submitted that due some minor dispute the present F.I.R. has been lodged against the appellants. It is further submitted that injured Sarvesh has given his afÏdavit before S.S.P., Etawah stating that due to some misunderstanding the aforesaid case has been lodged against the appellants and he did not support the prosecution case. The appellants do not have any criminal history to their credit. 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 14.11.2023 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 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. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellants is set-aside. Let the appellants, namely, Harvansh Singh Chauhan and Ankit Chauhan @ Durgesh 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 him from disclosing such facts to the Court or to any police ofÏcer 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 :- 13.12.2023 AKT High Court of Judicature at Allahabad