Case BriefsHigh Courts

Allahabad High Court: Faiz Alam Khan, J., allowed the bail application which was rejected by the subordinate court on the ground that material on record was not properly appreciated.

 A bail application was made by the applicant against the crime registered under Sections 302, 201, 376 IPC and 3(2)(v) SC /ST Act. 

Dileep Kumar Yadav, Counsel for the applicant submitted that the appellant was falsely implicated in this case. Nothing, as claimed by the prosecution, was committed by the appellant. It was further submitted that, there was no direct evidence in this case. An apprehension was stated in the statement given to the Investigating Officer by the informant that the appellant wanted to marry the deceased and he being of a different caste, Informant was not inclined to get her daughter (deceased) married with the appellant and on the basis of this enmity, the appellant had committed the crime with the help of other co-accused persons namely Pintoo Yadav, Pappu Mishra and Shanti w/o Gopi. The counsel also informed that the witness who had given the statement was Pradhan of the village and had enmity with the accused. The other co-accused persons against whom identical allegations had been levelled, was released on bail by co-ordinate Benches of this Court and thus on the above ground and fact that appellant had no criminal history, prayed for the bail. 

Counsel for the respondent opposed the contention raised on behalf of the appellant and submitted that, there was no illegality, so far as the rejection of the bail application of the appellant by the Subordinate Court was concerned, as he had committed a heinous offence. 

The court opined that 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. The bail was thus granted with the conditions, breach of which shall be the ground of cancellation. [Shaguni v. State of U.P., 2019 SCC OnLine All 2409, decided on 4-7-2019] 

Case BriefsHigh Courts

Allahabad High Court: Dinesh Kumar Singh, J. quashed the application under Section 482 of Code of Criminal Procedure, 1973 on the ground that as the evidence cannot be scrutinized it cannot be said that no cognizable offence was made out against the applicant.

An application was made to quash the charge sheet made under Sections 323, 506, 452, 354-A of the Penal Code.

Aushim Malhotra, advocate for the applicant submits that the applicant has been falsely implicated. The victim had suffered not any serious injury except that she was having a complaint of pain. There was also the delay of 9 days in lodging the FIR.  It was further submitted that the accused had no criminal history, hence prayed for quashing the FIR.

Vimal Kumar Pandey, AGA vehemently opposed the prayer for quashing the same.

The Court after going through the matter on record held that opposite party was attempted to be molested by the accused-applicant and when she tried to defend herself, she was beaten with fists & kicks and when the mother-in-law of the victim had arrived, she was also pushed off.  It was further submitted that “From the perusal of material on record and looking into the facts of this case, at this stage, it cannot be said that no cognizable offence is made out against the applicant. All the submissions made at the Bar relates to the disputed questions of fact, which cannot be adjudicated upon by this Court in proceedings under Section 482 CrPC.”  The disputed defense of the accused cannot be considered at this stage. Thus the prayer for quashing the proceedings was refused. But the Court on the settled principle of the law in the case of Amrawati v. State of U.P., 2004 (57) ALR 290 held that if the applicant appears and surrenders before the Court below within 30 days from today and applies for bail, his prayer for bail may be considered. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.[Ram Vilas v. State of U.P., 2019 SCC OnLine All 2272, decided on 14-06-2019]

Case BriefsSupreme Court

Supreme Court: In the petition seeking setting aside the appointment of K.V. Chaudhary as Central Vigilance Commissioner and T.M. Bhasin as Vigilance Commissioner on the ground that these persons are not of impeccable integrity and also seeking order directing investigation into the incriminating material seized in the raids conducted on the Birla and Sahara Group of Companies in question, the Court said that the materials which have been placed on record either in the case of Birla or in the case of Sahara are not maintained in regular course of business and thus lack in required reliability to be made the foundation of a police investigation..

The bench of Arun Mishra and Amitava Roy, JJ said that the Court has to be on guard while ordering investigation against any important constitutional functionary, officers or any person in the absence of some cogent legally cognizable material. When the material on the basis of which investigation is sought is itself irrelevant to constitute evidence and not admissible in evidence, it will not be safe to even initiate investigation. There has to be some relevant and admissible evidence and some cogent reason, which is prima facie reliable and that too, supported by some other circumstances pointing out that the particular third person against whom the allegations have been levelled was in fact involved in the matter or he has done some act during that period, which may have co-relations with the random entries. If the same is not done, then the process of law can be abused against all and sundry very easily to achieve ulterior goals and then no democracy can survive in case investigations are lightly set in motion against important constitutional functionaries on the basis of fictitious entries, in absence of cogent and admissible material on record, lest liberty of an individual be compromised unnecessarily.

Noticing that the materials placed on record in the present case are random sheets and loose papers and their correctness and authenticity, even for the purpose of income mentioned therein have been found to be un-reliable having no evidentiary value, by the concerned authorities of income tax, the Court said that the complaint should not be improbable and must show sufficient ground and commission of offence on the basis of which registration of a case can be ordered. [Common Cause v. Union of India, 2017 SCC OnLine SC 41, deiced on 11.01.2017]