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IN THE HIGH COURT OF ALLAHABAD
HON'BLE SHAMIM AHMED
Amit Bajpai – Appellant
Versus
State Of Uttar Pradesh Thru. Prin. Secy. Home Lko. And Others – Respondents
Criminal Appeal No.1626 of 2024
Decided on : 24-07-2024
BAIL - CRIMINAL APPEAL UNDER S.C./S.T. ACT - Section 14-A (2) of S.C./S.T. Act, Sections 302, 324, 504, 506, 307 IPC - The court discussed the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, particularly Section 3(2)(V), which addresses atrocities against members of SC/ST communities. The court also analyzed the right to private defense under Section 97 IPC, emphasizing that the appellant acted in self-defense against an imminent threat. The interpretations of these sections influenced the court's decision to grant bail, highlighting the lack of mens rea and the appellant's reasonable apprehension of death during the incident.
Fact of the Case:
The appellant, Amit Bajpai, was involved in a violent altercation on 25.03.2024, where he allegedly attacked Yash Chauhan, resulting in Yash's death days later. The appellant claimed he was attacked first by Yash and others, leading him to defend himself with a knife. The prosecution charged him under various sections of the IPC and the S.C./S.T. Act, but the appellant argued that he acted in self-defense.
Finding of the Court:
The court found that the evidence presented, including CCTV footage and witness statements, indicated that the appellant was attacked first. The court noted inconsistencies in the prosecution's timeline and the credibility of witnesses, leading to doubts about the prosecution's case. The court concluded that the appellant's actions were in self-defense and did not constitute murder.
Issues: Whether the appellant acted in self-defense and whether there was sufficient evidence to deny bail under the S.C./S.T. Act and IPC sections charged against him.
Ratio Decidendi: The court emphasized the right to private defense as outlined in Section 97 IPC, stating that the appellant's response to the attack was proportionate and necessary for his protection. The lack of mens rea for murder under Section 302 IPC was also highlighted, suggesting that the case could only be considered under Section 304 IPC.
Final Decision: The appeal was allowed, and the order denying bail was set aside. The appellant was granted bail with specific conditions to ensure his presence during the trial.
JUDGMENT :
HON'BLE SHAMIM AHMED
1. Heard Sri Nadeem Murtaza alongwith Sri Wali Nawaz Khan, learned counsel for the appellant, Sri Ashok Kumar Singh, learned A.G.A.-I for the State Opposite Party No.1 and Sri Arvind Kumar Verma, learned counsel for the opposite party no.2 and 4 as well as perused the entire record.
2. This Criminal Appeal under Section 14-A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been preferred against the impugned order dated 18.04.2024 passed by learned Special Judge, S.C./S.T. Act, Lucknow in Bail Application No.2573 of 2024, Case Crime No.173 of 2024, under Sections 302, 324, 504, 506, 307 I.P.C. and Section 3(2)(V) of S.C./S.T. Act, Police Station P.G.I., District Lucknow East (Commissionerate Lucknow), whereby the bail application of the appellant has been rejected.
3. Learned counsel for the appellant submits that as per the prosecution case the allegations so levelled by the informant are that allegedly on 25.03.2024 her husband (Baldev Singh) returned to his flat from Sector 16 after celebrating Holi with his family. Her husband parked his car and wished the appellant/accused (Amit Bajpai) 'Happy Holi'. In reply the appellant, who was in a drunken state, started abusing. When her husband objected to the abusive language, the appellant attacked him with a knife. It is further alleged that when the brother of the informant, namely Yash (the deceased), tried to save Baldev Singh, the appellant abused him with casteist slurs, threatened him with dire consequences and stabbed him multiple times on his chest and stomach. It has been further alleged that the appellant also abused another resident of the same apartment, namely Arvind Kumar, when he tried to save Baldev and Yash.
4. Learned counsel for the appellant submits that it is significant to mention that approximately two hours prior to the registration of the instant FIR i.e. Case Crime No.173 of 2024, under Sections 302, 324, 504, 506, 307 I.P.C. and Section 3(2)(V) of S.C./S.T. Act, Police Station P.G.I., District Lucknow East (Commissionerate Lucknow), the appellant had lodged an FIR No. 172/2024 on 25.03.2024, under Sections 308, 323, 325, 504, 506 IPC, at Police Station P.G.I., District Lucknow, against the aforesaid persons, namely Arvind Kumar, Yash, and Baldev Singh Chauhan, bringing the true story to light, wherein he was attacked by the said persons.
5. He further submits that the correct facts, which have been narrated by the appellant in FIR No. 172/2024 on 25.03.2024, under Sections 308, 323, 325, 504, 506 IPC, at Police Station P.G.I., District Lucknow are that at around 4:00 PM, when the appellant was returning to his apartment after parking his vehicle, Baldev Singh Chauhan and his brother-in-law Yash along with Arvind, attacked the appellant with rod and balli. The appellant suffered grave head injuries. All the three persons threatened to kill the appellant and they again attacked when the appellant ran towards the lift to save his life. The appellant was saved by the people of the society and he was admitted in Apex Trauma Centre where the medical examination of the appellant revealed that he has sustained fracture in his head.
6. He further submits that the medical examination of Yash Chauhan was conducted on 25.03.2024 at Apex Trauma Centre wherein it has been stated that an unknown drunk person attacked with a sharp object at around 4:30 PM. The copy of the MLC dated 25.03.2024 is annexed herewith as Annexure no. 3 to the affidavit filed alongwith this appeal.
7. He further submits that during the course of investigation, the statement of the informant was recorded under Section 161 Cr.P.C. on 26.03.2024, wherein, in addition to reiterating the version of the FIR, she stated that her brother is in very critical situation and he is being treated on ventilator.
8. He further submits that during the course of investigation, the statement of the appellant was also recorded under section 161 Cr.P.C on 26.03
The judgment establishes that a person may act in self-defense when faced with an imminent threat, and the absence of mens rea is crucial in determining the appropriate charges under IPC.
The court emphasized the importance of following the mandatory requirements under Sec. 15-A of the Atrocities Act, which safeguards the rights of victims of caste-based atrocities and witnesses, incl....
The main legal point established in the judgment is the requirement for consistency and credibility in evidence, as well as the principle that 'no man is guilty until proven so.' The judgment emphasi....
The need for consistency and credibility in evaluating evidence in criminal cases, and the requirement to prove common intention under S.149 IPC.
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