Supplementary affidavit filed by Sri Senger Vineet Singh, learned Advocate appearing on behalf of applicants be kept on record.
The present application has been filed by the applicants Guru Prasad Tripathi and another in Case Crime No. 219 of 2009 under sections 147/148/149/307/394/332/352/504/427 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 also 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 . 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 Vineet Singh Sengar learned counsel for the applicants and learned AGA and have gone through the entire materials on record including the counter affidavit filed by Prithviraj Singh ,Deputy Inspector posted at Police Station Kakdeo District Kanpur Nagar.
It is contended by learned counsel for the applicants 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 injuries 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 by any injured or any official working in the labour office. Counter affidavit has only been filed by Prithviraj Singh Deputy Inspector posted at Police Station Kakadeo only on the basis of information which creates doubts about the veracity of the prosecution story. The applicants are languishing in jail since 11.9.09. 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 other 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 property of the office of Labour Commissioner was badly 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 demands. 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 against the applicants and other accused persons 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 and other 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 applicant further submitted that the applicants are absolutely innocent. There is no criminal antecedents against him. No specific role has been assigned to them. They will not misuse the liberty of bail granted to them. There is no bread earner in their family . The applicants are in jail since 11.9.09. 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 applicants 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 Guru Prasad Tripathi & Vijay Bahadur Kushwaha involved in Case Crime No. 219 of 2009 under sections 147/148/149/307/394/332/352/504/427 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