The Allahabad High Court has observed that the caste system in the Indian society was deep-rooted, which was pitiable and tragic.
A Single-Judge Bench of Justice Rahul Chaturvedi, while granting conditional bail to Sunny Singh, who was in jail on charges of honour killing, said, “Caste system in our society is deep-rooted, we boast ourselves as an educated society, but we live our lives with double standards. Even after 75 years of Independence, we are not able to get out of this social menace.
“This is pitiable and tragic. It is the moral duty of those sane people, who are well-off, to protect the under-privileged and downtrodden, so that they feel 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.
The criminal appeal under Section 14 A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed for setting-aside the order dated September 15, 2021 passed by Special Judge, SC/ST Act/Additional Session Judge, Gorakhpur in Bail Application, arising out of Case under Sections 302, 307, 506, 120B IPC I.P.C. and Section 3(2)(V) of SC/ST Act, Police Station Gola, District Gorakhpur.
The submission made by the counsel for the applicant drawing the attention of the Court to the FIR lodged by Anis Kumar for the incident dated July 24, 2021 the FIR was lodged on July 25, 2021 at 2.45 hours against as many as 17 named accused persons and four persons on two motorcycles.
The prosecution case is that the informant’s younger brother was Gram Panchayat Adhikari posted at Block Urwa, Gorakhpur. He belongs to the Scheduled Caste community. During his training period, he developed some intimacy with his course-mate Dipti Mishra. Negating all odds and objections 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 has raised eyebrows of all family members of Dipti Mishra. All of them got infuriated and started waiting for the time to eliminate Anis Kumar (the deceased). After hatching the conspiracy on July 24, 2021 when the deceased went to market around 9-10 am with his uncle Devi Dayal, he was ambushed by two motorcycle riders and they have assaulted Anis Kumar with sharp edged weapon and seriously injuring Devi Dayal. Anis Kumar was taken to hospital where he was declared dead by the doctors.
It has further mentioned in the FIR that the 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 (applicant) on account of their previous enmity have actively participated in this offence and thus have facilitated them to commit this cold-blooded daylight murder of Anis Kumar.
Manish Gupta, counsel for the applicant submitted that of 17 named accused: Nalin Mishra, Manikant Mishra, Ajay Mishra, Abhishek Tiwari and Vivek Tiwari were enlarged on bail by the coordinate Bench of the Court on December 17, 2021 after allowing their respective appeals.
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It is contended by the counsel that the case of the applicant stands on much better footing than that of close relatives of Dipti Mishra who were said to have been involved in the case.
It is further submitted by Manish Gupta, 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 no emotional bonding with Dipti Mishra nor he is a family member and this theory floated by prosecution that this case of honour killing goes haywire.
Per contra, M.S. Arya opposed the bail application by advancing submission that on the earlier occasion, the informant of the present FIR Anil Kumar in 2020 has lodged an FIR as case on May 7, 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 the case.
Besides the counsel for the informant has heavily relied 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 case, as mentioned above, the applicant is not 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 Devi (supra) is of no help to the counsel for the informant.
I have keenly perused the 161 CrPC statement of Dipti Mishra, widow of Anis Kumar annexed. In the entire 161 CrPC statement, she has not even whispered a single word against the applicant.
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Counsel for the applicant said that the applicant’s case is on a 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 offense but so far as the applicant is concerned he is rank outsiders having no concern whatsoever in commission of offense. Neither the applicant nor his pointing out has recovered any incriminating material. The applicant is languishing in jail since July 27, 2021 and deserves to be bailed out.
Counsel for the complainant submitted 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 under 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.
The Court said that, 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 of this social menace. This is pitiable and tragic. It is the moral duty of those sane people, who are well-off, to protect the under-privileged and downtrodden, so that they feel 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.
The Court further said that, 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 person who wants to take the law in his hands.
“Keeping in view the nature of the offense, evidence, complicity of the accused, submissions of the learned counsel for the parties, taking into account the manner and mode of the offense 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”
-the Court observed.
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The Court ordered,
“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 applicant 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.
(ii) The applicant 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.
(iii) In case, the applicant misuses 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 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 IPC.
(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 CrPC. If in the opinion of the Trial Court absence of the applicant 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.”
Accordingly, the appeal succeeds and the same stands allowed. Order dated September 15, 2021 passed by Special Judge, SC/ST Act/Additional Session Judge, Gorakhpur, is hereby set aside.