The Allahabad High Court granted bail to person allegedly involved in Murder of Schedule Caste Person and ruled that well-off persons have the duty to protect the under-privileged and downtrodden.
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 has developed some amount of 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 when the deceased went to market around 9-10 a.m. alongwith his uncle Devi Dayal, he was ambushed by two motorcycle riders and they assaulted upon Anis Kumar with sharp edged weapon and making Devi Dayal (uncle) seriously injured. Anis Kumar was taken to hospital where he was declared dead by the doctors.
Advocate Manish Gupta, appearing for the applicant, urged that out of 17 named accused persons five were admitted on bail after allowing their respective appeals.
He contended 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.
Advocate M.S.Arya, appearing for the complainant, opposed the bail application and contended that on the earlier occasion. The informant of the present FIR Anil Kumar in the year 2020 has lodged an FIR 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.
The single judge bench of Justice Rahul Chaturvedi stated that Caste system in our society is deep rooted, we boast ourselves as educated society but we live our lives with double standards.
The court directed that the S.S.P. Gorakhpur shall provide necessary security to the family members of the deceased. 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.
The court added that the appellant made out a case for bail and therefore, he be released on bail on furnishing a personal bond and two heavy sureties subject to certain conditions.
Case title: Sanni Singh v/s State of U.P. and Ors.
Citation: CRIMINAL APPEAL No. – 4520 of 2021