In Chamber
Reserved
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22080 of 2009
Petitioner :- Radha Kishan Tiwari & Another
Respondent :- State Of U.P.
Petitioner Counsel :- Satyendra Kumar Singh,Chandra Prakash Misra
Respondent Counsel :- Govt. Advocate
Hon'ble Naheed Ara Moonis,J.
The present application has been filed by the applicants Radha Kishan Tiwari
and another in Case Crime No. 219 of 2009 under sections
147/148/149/307/394/332/353/504/427 IPC read with section 7 of Criminal
Law Amendment Act Police Station Kakadeo District Kanpur Nagar praying
for release of the applicants on bail during pendency of the trial.
The story as set up by the prosecution in the first information report is that a
first information report was lodged by Karuna Shanker Shukla with respect to
the incident dated 15.7.09 occurred at 12.30 noon with the allegation that the
applicants and other accused persons who are labourer of M/s J.K. Jute & M/s
J.K.Cotton Mills took out a procession raising their various demands for
payment of salary and other fringe benefits . Most of the labourers were
armed with iron rods, hammers, knives, lathi ,danda and other lethal weapons.
The procession was headed by the workers of the respective companies whose
names and details are mentioned in the first information report . The group of
workers including the applicants as soon as reached at the main gate of the
office of Labour Commissioner, they raised their slogans & used vituperative
and abusive languages to the Labour Commissioner. They entered in the
office of the Labour Commissioner forcibly . The Labour Commissioner was
encircled by them as a result of which the Labour Commissioner was
manhandled & thrashed with fist, kicks ,rods etc. The accused persons also
looted the mobile phone and other articles kept in the office . Looking to the
uproarious and unruly scene and also shriek and cry in the office of the
Labour Commissioner , some officials of the Labour Commissioner came
forward so as to protect him ,they were also beaten with rods, kicks ,lathi and
danda as a result of which they sustained injuries. The unruly mob also
destroyed the official files kept in the office of the Labour Commissioner as
well as in other places . The lady officials working in the office of the Labour
Commissioner were highly confounded and faced very ugly situation as their
safety and security were also in danger because the unruly mob had taken
ugly turn with the sole object of putting undue pressure upon the Labour
Commissioner to accede their illegal demands. The entire official work was
badly hampered and the officials were also under threat on account of
horrendous situation developed by the workers of the aforesaid Mills. The
workers of the aforesaid Mills pelted stones on account of which glasses and
lights were broken and the some officials sustained injuries . The official
vehicles were badly damaged and were set ablaze by unruly mobs. The
incident was informed to the police station concerned and the first information
report was lodged against the applicants and other accused persons on the
same day i.e. 15.7.09 at about 13.30 hrs with respect to the incident taken
place at about 12.30 hours .
Heard Sri Satyendra Kumar Singh learned counsel for the applicants and
learned AGA and have gone through the entire material on record including
the counter affidavit filed by Prithviraj Singh Deputy Inspector posted at
Police Station Kakadeo .
It is contended by learned counsel for the applicant that even if the entire
allegations be taken to be true , only two persons namely Karuna Shanker
Shukla (complainant ) and Vijay Kumar Pandey were medically examined
.The injury report does not support the prosecution version rather it creates
doubt about the veracity of the prosecution story. The alleged injuries are on
non-vital part of the victim. The incident had taken place at 12.30 hrs and the
injured were examined at 6.15 p.m. There is no plausible explanation about
the delay in the medical examination of the victim . According to the
prosecution version, five persons had sustained grievous injuries but no other
victim was medically examined except the aforementioned two persons. No
X.ray or supplementary report was prepared . There is great inconsistency in
the prosecution version . No specific role has been assigned to the applicants
or any other accused persons. All the accused persons have been attributed
common role . Much emphasis has been laid upon the assault and
manhandling to the Labour Commissioner who is alleged to have sustained
multiple injuries but the Labour Commissioner was not medically examined
and there is no injury report corroborating any mark of injury on his body.
The first information report was lodged by Karuna Shanker Shukla the driver
of the Labour Commissioner. The applicants are low paid employees and
have falsely been implicated in the aforesaid offence due to ulterior motives.
No counter affidavit has been filed either by the injured or by any official
working in the office of the Labour Commissioner. Counter affidavit has been
filed only by Ram Babu Patel ,Deputy Inspector posted at police station
Kakadeo on the basis of information which also creates doubt about the
veracity of prosecution story. The applicants are languishing in jail since
15.7.09. Co-accused Shyam Ji Yadav has already been released on bail by this
Court therefore, the applicants may also be enlarged on bail during the
pendency of trial.
On the other hand learned AGA has strongly opposed the bail prayer of the
applicant . He strenuously argued that the workers had formed an unlawful
assembly and had forcibly entered in the office of the Labour Commissioner
equipped with lathi, danda, iron rods and other lethal weapons as a result of
which Labour Commissioner and other officials were badly manhandled and
beaten. The mobile phone was looted and official records were destroyed .
The vehicles in the office of the Labour Commissioner were set ablaze and
the entire office was given an ugly shape and the public property of the office
of Labour Commissioner was damaged. The entire official work was
hampered and remained in disorder. Many persons had sustained injuries. The
applicants and other accused persons had caused interruption in the discharge
of public duty and the public property was damaged with the sole object of
putting undue pressure upon the Labour Commissioner to concede their
illegal demand. There is also statement of the Labour Commissioner under
section 161 Cr.P.C. which indicates that the assailants had attacked upon him
in well planned manner so as to put undue pressure upon him to accede their
illegal demands. .The matter was duly investigated and the investigating
officer collected credible evidence on the basis of which charge sheet has
been submitted against the accused persons including the applicants. The
applicants and other accused persons had taken law and order in their hands
and formed unlawful assembly without giving any notice to the Labour
Commissioner for their demands and had abruptly entered in the office of
Labour Commissioner creating unruly and ugly scenes and even the Labour
Commissioner and officials were beaten with the kick ,fists, lathi ,danda ,iron
rods etc. On account of criminal act done by the miscreants who are the
labourers of the respective Mills , the entire labour office was highly disturbed
resulting into deterrent and creating obstruction in the discharge of the public
duties by the bureaucrats. The labour office has never seen such an ugly and
unruly scene earlier. The workers of the aforesaid mills were not expected to
take law order in their hands so as to overawe the high officers in discharge of
their duties with an oblique motive to compel him to accede their illegal
demands hence no indulgence may be granted .
Learned counsel for the applicants further submitted that the applicants are
absolutely innocent. There is no criminal antecedents against him. No specific
role has been assigned to them. The applicants will not misuse the liberty of
bail granted to them. There is no bread earner in their family . The applicants
are in jail since 15.7.09. The charge sheet is also tainted. The trial will take
considerable time and in case the applicants are not released on bail, their
right to liberty will be curtailed and their dependants will die of starvation.
Having considered the aforesaid rival submissions advanced by learned
counsel for the applicant and learned AGA, looking to the nature of the
allegation and also severity of the offence without expressing any opinion on
the merits of the case, it is directed that the applicants Radha Kishan Tiwari &
Ram Avtar Mishra @ Ramautar Misra involved in Case Crime No. 219 of
2009 under sections 47/148/149/307/394/332/353/504/427 IPC read with
section 7 of Criminal Law Amendment Act Police Station Kakadeo District
Kanpur Nagar be released on bail on their executing a personal bond & two
heavy sureties each in the like amount to the satisfaction of the court
concerned with following conditions:-
1. The applicants will not tamper with the evidence during trial.
2. The applicants will not pressurise/intimidate with the prosecution
witnesses.
3. The applicants will appear before the trial court on the date fixed
date.
4. The applicants will not leave the district without prior permission of
the court concerned.
In breach of any of aforementioned conditions, the prosecution will be at
liberty to move application for cancellation of bail. However, the trial court is
also directed to conclude the trial at the earliest if possible, within six months
following the procedure laid down in Section 309 of the Cr.P.C. avoiding
unnecessary and undue adjournment.
With this direction, this application is disposed of .
Order Date :- 13.1.2010
Naim