Naseeb Ulla v. State of U.P. Thru. Secy. Deptt. of Home Lko. and 2 Others

Court No. - 16 Case :- CRIMINAL APPEAL No. - 3337 of 2024 Appellant :- Naseeb Ulla Respondent :- State Of U.P. Thru. Secy. Deptt. Of Home Lko. And 2 Others Counsel for Appellant :- Ravindra Shukla Counsel for Respondent :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the appellant, learned A.G.A. appearing for the State and perused the record. This criminal appeal has been filed by the appellant under Section 14A (2) the Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 to set aside the order dated

09.10.2024 passed in Bail application No. 2116/2024 filed in case crime No. 308/2024, under Sections 109/352 BNS and Section 3(2)(v) of S.C./S.T. Act, Police Station Gosaiganj, District Sultanpur. Learned counsel for the appellant-applicant submits that the appellant-applicant is languishing in jail since 13.09.2022 without having any criminal antecedents. Simple injuries have been received by the injured on the neck. The incident occurred due to trivial dispute without any prior intention or planning which is evident from the statement of the injured. It has been further submitted that in the statement of the injured, it is alleged that a very small knife was used to cause injury to the injured. He also submits that the manner and the circumstances in which the injury has been caused, according to the prosecution case itself, no case under Section 109 BNS is made out. There is no likelihood that the appellant-applicant after release on bail may flee from the process of law or will misuse the liberty of bail granted by this Court. On due consideration to the nature of injury; statement of the injured and the recovery, so also the period of incarceration gone into by the appellant-applicant, I am of the view that the learned court below has failed to appreciate the material available on record. In view of above, the order passed by the court below is liable to be set aside. Accordingly, the appeal is allowed and the order dated

09.10.2024 passed in Bail application No. 2116/2024 filed in case crime No. 308/2024, under Sections 109/352 BNS and Section 3(2)(v) of S.C./S.T. Act, Police Station Gosaiganj, District Sultanpur, is set aside. Let the appellant-applicant/Naseeb Ulla involved in aforesaid case be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

(i) The appellant will not tamper with the evidence during the trial.

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

(iii) 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.

(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 court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(v) The appellant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

(vi) In case, the appellant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code. Order Date :- 18.12.2024 R.C. High Court of Judicature at Allahabad, Lucknow Bench