{"id":4767,"date":"2010-01-13T00:00:00","date_gmt":"2010-01-12T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/radha-kishan-tiwari-another-vs-state-of-u-p-on-13-january-2010"},"modified":"2017-06-27T05:38:42","modified_gmt":"2017-06-27T00:08:42","slug":"radha-kishan-tiwari-another-vs-state-of-u-p-on-13-january-2010","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/radha-kishan-tiwari-another-vs-state-of-u-p-on-13-january-2010","title":{"rendered":"Radha Kishan Tiwari & Another vs State Of U.P. on 13 January, 2010"},"content":{"rendered":"
Allahabad High Court<\/div>\n
Radha Kishan Tiwari & Another vs State Of U.P. on 13 January, 2010<\/div>\n
In Chamber\n                                     Reserved\nCase :- CRIMINAL MISC. BAIL APPLICATION No. - 22080 of 2009\n\nPetitioner :- Radha Kishan Tiwari & Another\nRespondent :- State Of U.P.\nPetitioner Counsel :- Satyendra Kumar Singh,Chandra Prakash Misra\nRespondent Counsel :- Govt. Advocate\n\nHon'ble Naheed Ara Moonis,J.\n<\/pre>\n
The present application has been filed by the applicants Radha Kishan Tiwari<\/p>\n
and   another    in   Case   Crime    No.    219    of   2009   under   sections<\/p>\n
147\/148\/149\/307\/394\/332\/353\/504\/427 IPC read with section 7 of Criminal<\/p>\n
Law Amendment Act Police Station Kakadeo District Kanpur Nagar praying<\/p>\n
for release of the applicants on bail during pendency of the trial.<\/p>\n
The story as set up by the prosecution in the first information report is that a<\/p>\n
first information report was lodged by Karuna Shanker Shukla with respect to<\/p>\n
the incident dated 15.7.09 occurred at 12.30 noon with the allegation that the<\/p>\n
applicants and other accused persons who are labourer of M\/s J.K. Jute & M\/s<\/p>\n
J.K.Cotton Mills took out a procession raising their various demands for<\/p>\n
payment of salary and other fringe benefits . Most of the labourers were<\/p>\n
armed with iron rods, hammers, knives, lathi ,danda and other lethal weapons.<\/p>\n
The procession was headed by the workers of the respective companies whose<\/p>\n
names and details are mentioned in the first information report . The group of<\/p>\n
workers including the applicants as soon as reached at the main gate of the<\/p>\n
office of Labour Commissioner, they raised their slogans & used vituperative<\/p>\n
and abusive languages to the Labour Commissioner. They entered in the<\/p>\n
office of the Labour Commissioner forcibly . The Labour Commissioner was<\/p>\n
encircled by them as a result of which the Labour Commissioner was<\/p>\n
manhandled & thrashed with fist, kicks ,rods etc. The accused persons also<\/p>\n
looted the mobile phone and other articles kept in the office . Looking to the
\n uproarious and unruly scene and also shriek and cry in the office of the<\/p>\n
Labour Commissioner , some officials of the Labour Commissioner came<\/p>\n
forward so as to protect him ,they were also beaten with rods, kicks ,lathi and<\/p>\n
danda as a result of which they sustained injuries. The unruly mob also<\/p>\n
destroyed the official files kept in the office of the Labour Commissioner as<\/p>\n
well as in other places . The lady officials working in the office of the Labour<\/p>\n
Commissioner were highly confounded and faced very ugly situation as their<\/p>\n
safety and security were also in danger because the unruly mob had taken<\/p>\n
ugly turn with the sole object of putting undue pressure upon the Labour<\/p>\n
Commissioner to accede their illegal demands. The entire official work was<\/p>\n
badly hampered and the officials were also under threat on account of<\/p>\n
horrendous situation developed by the workers of the aforesaid Mills. The<\/p>\n
workers of the aforesaid Mills pelted stones on account of which glasses and<\/p>\n
lights were broken and the some officials sustained injuries . The official<\/p>\n
vehicles were badly damaged and were set ablaze by unruly mobs. The<\/p>\n
incident was informed to the police station concerned and the first information<\/p>\n
report was lodged against the applicants and other accused persons on the<\/p>\n
same day i.e. 15.7.09 at about 13.30 hrs with respect to the incident taken<\/p>\n
place at about 12.30 hours .\n<\/p>\n
Heard Sri Satyendra Kumar Singh learned counsel for the applicants and<\/p>\n
learned AGA and have gone through the entire material on record including<\/p>\n
the counter affidavit filed by Prithviraj Singh Deputy Inspector posted at<\/p>\n
Police Station Kakadeo .\n<\/p>\n
It is contended by learned counsel for the applicant that even if the entire<\/p>\n
allegations be taken to be true , only two persons namely Karuna Shanker<\/p>\n
Shukla (complainant ) and Vijay Kumar Pandey were medically examined<\/p>\n
.The injury report does not support the prosecution version rather it creates
\n doubt about the veracity of the prosecution story. The alleged injuries are on<\/p>\n
non-vital part of the victim. The incident had taken place at 12.30 hrs and the<\/p>\n
injured were examined at 6.15 p.m. There is no plausible explanation about<\/p>\n
the delay in the medical examination of the victim . According to the<\/p>\n
prosecution version, five persons had sustained grievous injuries but no other<\/p>\n
victim was medically examined except the aforementioned two persons. No<\/p>\n
X.ray or supplementary report was prepared . There is great inconsistency in<\/p>\n
the prosecution version . No specific role has been assigned to the applicants<\/p>\n
or any other accused persons. All the accused persons have been attributed<\/p>\n
common role . Much emphasis has been laid upon the assault and<\/p>\n
manhandling to the Labour Commissioner who is alleged to have sustained<\/p>\n
multiple injuries but the Labour Commissioner was not medically examined<\/p>\n
and there is no injury report corroborating any mark of injury on his body.<\/p>\n
The first information report was lodged by Karuna Shanker Shukla the driver<\/p>\n
of the Labour Commissioner. The applicants are low paid employees and<\/p>\n
have falsely been implicated in the aforesaid offence due to ulterior motives.<\/p>\n
No counter affidavit has been filed either by the injured or by any official<\/p>\n
working in the office of the Labour Commissioner. Counter affidavit has been<\/p>\n
filed only by Ram Babu Patel ,Deputy Inspector posted at police station<\/p>\n
Kakadeo on the basis of information which also creates doubt about the<\/p>\n
veracity of prosecution story. The applicants are languishing in jail since<\/p>\n
15.7.09. Co-accused Shyam Ji Yadav has already been released on bail by this<\/p>\n
Court therefore, the applicants may also be enlarged on bail during the<\/p>\n
pendency of trial.\n<\/p>\n
On the other hand learned AGA has strongly opposed the bail prayer of the<\/p>\n
applicant . He strenuously argued that the workers had formed an unlawful<\/p>\n
assembly and had forcibly entered in the office of the Labour Commissioner
\n equipped with lathi, danda, iron rods and other lethal weapons as a result of<\/p>\n
which Labour Commissioner and other officials were badly manhandled and<\/p>\n
beaten. The mobile phone was looted and official records were destroyed .<\/p>\n
The vehicles in the office of the Labour Commissioner were set ablaze and<\/p>\n
the entire office was given an ugly shape and the public property of the office<\/p>\n
of Labour Commissioner was damaged. The entire official work was<\/p>\n
hampered and remained in disorder. Many persons had sustained injuries. The<\/p>\n
applicants and other accused persons had caused interruption in the discharge<\/p>\n
of public duty and the public property was damaged with the sole object of<\/p>\n
putting undue pressure upon the Labour Commissioner to concede their<\/p>\n
illegal demand. There is also statement of the Labour Commissioner under<\/p>\n
section 161 Cr.P.C. which indicates that the assailants had attacked upon him<\/p>\n
in well planned manner so as to put undue pressure upon him to accede their<\/p>\n
illegal demands. .The matter was duly investigated and the investigating<\/p>\n
officer collected credible evidence on the basis of which charge sheet has<\/p>\n
been submitted against the accused persons including the applicants. The<\/p>\n
applicants and other accused persons had taken law and order in their hands<\/p>\n
and formed unlawful assembly without giving any notice to the Labour<\/p>\n
Commissioner for their demands and had abruptly entered in the office of<\/p>\n
Labour Commissioner creating unruly and ugly scenes and even the Labour<\/p>\n
Commissioner and officials were beaten with the kick ,fists, lathi ,danda ,iron<\/p>\n
rods etc. On account of criminal act done by the miscreants who are the<\/p>\n
labourers of the respective Mills , the entire labour office was highly disturbed<\/p>\n
resulting into deterrent and creating obstruction in the discharge of the public<\/p>\n
duties by the bureaucrats. The labour office has never seen such an ugly and<\/p>\n
unruly scene earlier. The workers of the aforesaid mills were not expected to<\/p>\n
take law order in their hands so as to overawe the high officers in discharge of
\n their duties with an oblique motive to compel him to accede their illegal<\/p>\n
demands hence no indulgence may be granted .\n<\/p>\n
Learned counsel for the applicants further submitted that the applicants are<\/p>\n
absolutely innocent. There is no criminal antecedents against him. No specific<\/p>\n
role has been assigned to them. The applicants will not misuse the liberty of<\/p>\n
bail granted to them. There is no bread earner in their family . The applicants<\/p>\n
are in jail since 15.7.09. The charge sheet is also tainted. The trial will take<\/p>\n
considerable time and in case the applicants are not released on bail, their<\/p>\n
right to liberty will be curtailed and their dependants will die of starvation.<\/p>\n
Having considered the aforesaid rival submissions advanced by learned<\/p>\n
counsel for the applicant and learned AGA, looking to the nature of the<\/p>\n
allegation and also severity of the offence without expressing any opinion on<\/p>\n
the merits of the case, it is directed that the applicants Radha Kishan Tiwari &<\/p>\n
Ram Avtar Mishra @ Ramautar Misra involved in Case Crime No. 219 of<\/p>\n
2009 under sections 47\/148\/149\/307\/394\/332\/353\/504\/427 IPC read with<\/p>\n
section 7 of Criminal Law Amendment Act Police Station Kakadeo District<\/p>\n
Kanpur Nagar be released on bail on their executing a personal bond & two<\/p>\n
heavy sureties each in the like amount to the satisfaction of the court<\/p>\n
concerned with following conditions:-\n<\/p>\n
    1. The applicants will not tamper with the evidence during trial.\n<\/p><\/blockquote>\n
    2. The applicants will not pressurise\/intimidate with the prosecution
\n       witnesses.\n<\/p><\/blockquote>\n
    3. The applicants will appear before the trial court on the date fixed
\n       date.\n<\/p><\/blockquote>\n
    4. The applicants will not leave the district without prior permission of
\n       the court concerned.\n<\/p><\/blockquote>\n
In breach of any of aforementioned conditions, the prosecution will be at<\/p>\n
liberty to move application for cancellation of bail. However, the trial court is
\n also directed to conclude the trial at the earliest if possible, within six months<\/p>\n
following the procedure laid down in Section 309 of the Cr.P.C. avoiding<\/p>\n
unnecessary and undue adjournment.\n<\/p>\n
With this direction, this application is disposed of .\n<\/p>\n
Order Date :- 13.1.2010
\nNaim\n <\/p>\n","protected":false},"excerpt":{"rendered":"
Allahabad High Court Radha Kishan Tiwari & Another vs State Of U.P. on 13 January, 2010 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 […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[9,8],"tags":[],"class_list":["post-4767","post","type-post","status-publish","format-standard","hentry","category-allahabad-high-court","category-high-court"],"yoast_head":"\nRadha Kishan Tiwari & Another vs State Of U.P. on 13 January, 2010 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/radha-kishan-tiwari-another-vs-state-of-u-p-on-13-january-2010\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Radha Kishan Tiwari & Another vs State Of U.P. on 13 January, 2010 - 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