Manish Jaiswal and Another v. State of U.P. and Another

Court No. - 85 Case :- CRIMINAL APPEAL No. - 11596 of 2023 Appellant :- Manish Jaiswal And Another Respondent :- State of U.P. and Another Counsel for Appellant :- Yatindra Singh Counsel for Respondent :- G.A. Hon'ble Mayank Kumar Jain,J. List revised. Compliance affidavit filed by learned A.G.A. is taken on record. Supplementary affidavit filed on behalf of appellant is also taken on record. Learned A.G.A. submits that despite service of notice upon the informant/opposite party no.2, no one has put in appearance on his behalf. Heard learned counsel for the appellants, 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 appellant with the prayer to set aside the bail rejection order dated 08.11.2023 passed by learned Special Judge SC/ST (P.A.) Act, Sonbhadra in Bail Application No.2449 of 2023, arising out of Case Crime No. 60 of 2022, under Sections 323, 504, 506 IPC and Sections 3 (2) (V-a), 3 (1) (dha) of SC/ST (P.A.) Act, Police Station Dudhi, District Sonbhadra. As per prosecution version, on 28.12.2021 at around 7.30 pm, appellant alongwith other co-accused persons having armed with iron rod, knife and country-made-pistol addressed the informant and Jitendra with caste related words and beaten them by kick and fists. They have also threatened to shoot them. Learned counsel for the appellants argued that the appellants are innocent and they have been falsely implicated in this case. A cross case of the aforesaid incident having Case Crime No. 158 of 2021, under Sections 147, 148, 308, 323, 506, 120-B I.P.C. was lodged by the side of appellant in which the informant and other witnesses were made accused. It is further submitted that similarly placed co-accused Prem Narayan Singh @ Monu Singh and Vinod Kumar Singh have already been granted bail by this Court vide orders dated 08.12.2023 and 11.12.2023 passed in Criminal Appeal Nos. 11344 of 2023 and 11378 of 2023 respectively. Appellant no.1 has one case criminal history in which final report has been submitted. Appellant no.2 has no previous criminal history. 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 08.11.2023 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. 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, Manish Jaiswal and Sonu Jaiswal 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 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 :- 14.12.2023 AKT High Court of Judicature at Allahabad