Caste system in our society is deep rooted, we boast ourselves as educated society but we live our lives with double standards: Allahabad High Court

Court No. 76 Case : CRIMINAL APPEAL No. 45221 Appellant : Sanni Singh Respondent : State Of U P And Another Counsel for Appellant : Manish Gupta Vinay Kumar Counsel for Respondent : G.A. Arvind Kumar Rahul Chaudhary Hon ble Rahul Chaturvedi J Heard Sri Manish Gupta learned counsel for the appellant Sri M.S. Arya Advocate connected virtually from Delhi assisted by Sri Arvind Kumar learned counsel for the complainant as well as Sri Satendra Tiwari learned A.G.A for the State and perused the record This criminal appeal under Section 14 A of Scheduled Castes Scheduled TribesAct 1989has been filed for setting aside the impugned order dated 15.09.2021 passed by learned Special Judge SC ST Act Additional Session Judge Gorakhpur in Bail Application No. 4107 of 2021 arising out of Case Crime no.2921 under Sections 302 307 506 120B IPC I.P.C. and Section 3(2)(V) of SC ST Act Police Station Gola District Gorakhpur Pleadings between the parties have been exchanged and the matter is ripe for final submissions. Submission made by the learned counsel for the applicant drawing the attention of the Court to the FIR lodged by Anis Kumar for the incident dated 24.07.2021 the present FIR was lodged on 25.07.2021 at 2.45 hours against as many as 17 named accused persons and four persons on two The long and short of the entire prosecution case is that the informant s younger brother was Gram Panchayat Adhikari posted at Block Urwa Gorakhpur. He belongs to schedule caste community. During his training period he has developed some amount of intimacy with his course mate Ms. Dipti Mishra. Negating all odds and objection of the family members and other friends and relatives they have decided and have performed registered marriage and started residing as husband and wife. This marriage have raised eye brows of all family members of Dipti Mishra. All of them got infuriated and started waiting for the time to eliminate Anis Kumarseriously injured. Anis Kumar was taken to hospital where he declared dead by the doctors. It has further mentioned in the FIR that informant has firm belief that the named accused persons have hatched the conspiracy and eliminated his brother. The informant further alleged that Abhishek Tiwari and Vivek Tiwari and Sanni Singh on account of their previous enmity have actively participated in this offence and thus have facilitated them to commit this cold blooded day light murder of Anis Kumar Sri Manish Gupta learned counsel for the applicant at the outset has submitted that out of 17 named accused persons: 1 Nalin Mishra 2 Manikant Mishra 3 Ajay Mishra 4 Abhishek Tiwari and 5 Vivek Tiwari were admitted on bail by the coordinate Bench of this Court on 17.12.2021 after allowing their respective appeals. It is contended by the counsel that the case of the applicant stand on much better footing than that of close relatives of Dipti Mishra who were said to have been involved in this case It is further submitted by Sri Manish Gupta learned counsel for the applicant that from the FIR it is clear that a casual remark in the last lines of the FIR has been made that on account of previous animosity and the name of the applicant have been purposely dragged. The applicant has got no connection or motive in committing the crime. The applicant Sanni Singh has not emotional bonding with Dipti Mishra nor he is a family member and this theory floated by prosecution that this is case of HONOUR KILLING goes hay wire Per contra Sri M.S.Arya connected through virtual mode from Delhi vehementally opposed the bail application by advancing submission that on the earlier occasion the informant of the present FIR Anil Kumar in the year 2020 has lodged an FIR as case crime no. 1320 on 07.05.2020 under Sections 147 323 504 506 and 3(1)(Da)(Dha) of SC ST Act for the alleged act of "maar peet" against the applicant and others and on this score it is asserted that the applicant too was said to have been involved in this case. Besides this learned counsel for the informant has heavily relaied upon the judgment of Hon ble Apex Court in the case of Rama Devi Nayar Vs. State of Rajasthan reported in 2020(4)SCC Crl.185 whereby in the case of "honour killing" the applicant is said to have been the main conspirator who hatched the conspiracy to kill his sister s husband which they done as a honour killing. In the instant case as mentioned above the applicant is no concerned with the family member of Dipti Mishra and thus the applicant has got no emotional bonding with the lady and the theory of honour killing would not applicable with regard to the applicant and the case of Rama Deviis of no help to the learned counsel for the informant I have keenly perused the 161 Cr.P.C. statement of Dipti Mishra widow of Anis Kumar annexed as Annexure No. CA 2. In the entire 161 Cr.P.C statement she has not even whispered a single word against the applicant Learned counsel for the applicant further states that co accused persons Nalin Mishra in Crl. Appeal No. 40721 Abhinav Mishra in Crl Appeal No. 40321 Manikant Mishra in Crl. Appeal No. 33420 Abhishek Tiwari in Crl. Appeal No. 48721 and Ajay Mishra in Crl. Appeal No. 38821 were allowed by the coordinate Bench of this Court by order dated 17.12.2021. It is contended by the counsel that the applicant s case is on the better footing than that of Nalin Mishra Ajay Mishra and Abhishek tiwari etc.. who are the blood relation with Dipsti Mishra they might have some motive in commission of offence but so far as the applicant is concerned he is rank outsiders having no concerned whatsoever in commission of offence. Neither from the applicant nor his pointing out has recovered any incriminating material. The applicant is languishing in jail since 27.07.2021 and deserves to be bailed out The submission made by learned counsel for the appellant prima facie is quite appealing and convincing for the purpose of bail only. Learned counsel for the complainant submits that Dipti Mishra who is on the family way from the deceased facing threats from the named accused persons and out of 17 named only 11 persons are being nabbed so far. by the police. Entire family of the deceased is immense threat from the named accused persons. If the applicant is released on bail all of the bailed out accused would make the life of Dipti Mishra and other family members of the deceased miserable Caste system in our society is deep rooted we boast ourselves as educated society but we live our lives with double standards. Even after 75 years of Independence we are not able to get out with this social menace. This is pitiable and tragic. It is the moral duty of those sane person who are well ff to protect the under privileged and downtrodden so that they feel themselves safe secure and comfortable Simultaneously the other group also feel that they are the integral and inseparable part of the society and it is in the larger interest of the country and high time for the introspection for every one to give serious thought over the matter Indeed it is mind boggling that the counsel for the informant is complaining that the widow of the deceased and his other family members are at sun and wants to have safe shelter. The Court is recording its deep anguish and concern if this is the ground reality S.S.P. Gorakhpur would provide necessary security to the family members of the deceased and thereafter having periodical assessment deploy the requisite security during trial and take stringent action against every that person who wants to take the law in his hands Keeping in view the nature of the offence evidence complicity of the accused submissions of the learned counsel for the parties taking into account the manner and mode of the offence and the period of detention already undergone and also without expressing any opinion on merits of the case I am of the view that the appellant has made out a case for bail. Let the appellant Sanni Singh be released on bail in the aforesaid case crime number on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice: i) THE APPELLANT WOULD FULLY COOPERATE IN THE CONCLUSION OF TRIAL WITHIN ONE YEAR AND ANY TEMPERING OR WILLING TACTICS ON THE PART OF THE APPELLANT TO DELAY THE TRIAL WOULD WARRANT THE AUTOMATIC CANCELLATION OF BAIL ii) THE APPELLANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE 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 iii) 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 IPC iv) IN CASE THE APPELLANT MISUSE THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HIS PRESENCE PROCLAMATION UNDER SECTION 82 CR.P.C. MAY BE ISSUED AND IF APPELLANT 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 IPC v) THE APPELLANT SHALL REMAIN PRESENT IN PERSON BEFORE THE TRIAL COURT ON DATES FIXED FOR FRAMING OF CHARGE AND (3 RECORDING OF STATEMENT UNDER SECTION 313 CR.P.C. IF IN THE OPINION OF THE TRIAL COURT ABSENCE OF THE APPELLANT IS DELIBERATE OR WITHOUT SUFFICIENT CAUSE THEN IT SHALL BE OPEN FOR THE TRIAL COURT TO TREAT SUCH DEFAULT AS ABUSE OF LIBERTY OF BAIL AND PROCEED AGAINST HIM IN ACCORDANCE WITH LAW However it is made clear that any wilful violation of above conditions by the appellant shall have serious repercussion on his bail so granted by this Accordingly the appeal succeeds and the same stands allowed. Impugned order dated 15.09.2021 passed by learned Special Judge SC ST Act Additional Session Judge Gorakhpur is hereby set aside. Order Date : 20.1.2022 Digitally signed by RAHUL CHATURVEDI Date: 2022.01.21 17:19:47 IST Reason: Document Owner Location: High Court of Judicature at Allahabad 

Summary: The issue in the case was a plea granting bail to a person accused of murder was dealt and decided by a bench of Allahabad High Court consisting of Justice Rahul Chaturvedi in the matters between Sanni Singh v. State of Uttar Pradesh CRIMINAL APPEAL No. – 4520 of 2021 decided on 20.1.2022. The facts of case are the FIR was registered after a complaint by the older brother of a man who was killed in broad daylight by a group of more than 17 people. The informant claimed that his brother, who belongs to the Scheduled Caste community, was appointed as Gram Panchayat Adhikari in Gorakhpur and allegedly developed an intimacy with an upper caste woman who was his party mate during his training period.Sanni Singh was charged in a murder case and charged under Sections 302, 307, 506 and 120B of the Indian Penal Code and Section 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The court was hearing Singh’s criminal appeal for overturning the decision of a special judge who refused his bail. The counsel of appellant contended that the applicant’s case is much better founded than that of Dipti Mishra’s close relatives, who are said to have been involved in this case.It is clear from the FIR that a random statement was made in the last lines of the FIR that the name of the applicant was deliberately dragged due to previous hostilities. The applicant had no connection or reason to commit the crime. Sanni Singh is not emotionally attached to Dipti Mishra and is not a family member, and this theory was surfaced by the prosecution that it was an honour killing. The counsel of respondent claimed that Dipti Mishra, who set out with the deceased person’s family, faced threats from the above-mentioned defendants, and that only 11 of the 17 mentioned had been caught so far. by the police. The entire family of the deceased poses a great threat from the aforementioned defendants. If the applicant is released on bail, all released on bail, the defendants will make the life of Dipti Mishra and other family members of the deceased miserable.Heavy reliance was placed on the judgement of Rama Devi Nayar Vs. State of Rajasthan reported in 2020(4)SCC Crl.185 which was a honour killing case where the applicant was the main conspirator who conspired to kill his sister’s husband. The Allahabad High Court held that in an educated society, the caste system is deeply rooted, we pride ourselves on it, but we live our lives with double standards. Even after 75 years of independence, we cannot escape this social threat. The court complained that this is pathetic and tragic. The moral duty of sane people with their wealth is to protect the privileged and the oppressed so that they can feel safe, secure and comfortable. The plaintiff filed a lawsuit for bail, taking into account the nature of the crime, the evidence, the defendant’s complicity, the form and form of the crime and the period of detention, and also the statements of the counsel without expressing any opinion on the merits of the case. The court granted the bail and allowed the appeal in the above-mentioned case crime number as he has given a personal bond. The accused was ordered not to falsify evidence or witnesses and to appear before the court whenever requested and also instructed the police officers to provide the applicant’s family with the necessary security.