Monday, October 3, 2022

Moral duty of well-off people to protect the underprivileged: Allahabad High Court

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The Allahabad High Court has said that it is the moral duty of those sane people, who are well-off, to protect the underprivileged and downtrodden, so that they feel safe, secure and comfortable.

The Single-Judge Bench of Justice Rahul Chaturvedi observed that even after 75 years of Independence, the Indian society is not able to get out of the social menace of caste system.

“Even though we boast ourselves as an educated society, but we live our lives with double standards,” it added, while granting bail to a murder accused in connection with an alleged Honour Killing case.

“Simultaneously, the other group also feel that they are the integral and inseparable part of the society and it is in the larger interest of the country and high time for the introspection for everyone to give serious thought over the matter,” the Court further added.

The Court was hearing an appeal filed by one Sanni Singh [booked under Sections 302, 307, 506, 120B IPC, who had been denied bail by the lower court.

The informant who got registered the FIR, alleged that his younger brother (Anis Kumar/Deceased), who hailed from schedule caste community and was a Gram Panchayat Adhikari, was killed by a group of 17 men in broad daylight as during his training period, he had developed some amount of intimacy with his course-mate, who hailed from upper caste and later on, he had married her. It was further alleged that since the girl’s family could not come to terms with this marriage, they, after hatching the conspiracy, killed Anis Kumar in broad daylight.

The informant also alleged that Abhishek Tiwari Vivek Tiwari and Sanni Singh (applicant) on account of their previous enmity, actively participated in this offence and thus, facilitated them to commit this cold-blooded, daylight murder of Anis Kumar. Arguments put forth

The Counsel for the applicant argued that his case is on a better footing than that of Nalin Mishra, Ajay Mishra Abhishek Tiwari etc. who are the blood relatives of the wife of the deceased and who have been granted bail.

Referring to the abovenamed person, the counsel argued that they might have some motive in the commission of offence but so far as the applicant is concerned he is rank outsiders having no concerns whatsoever in the commission of the offence.

The Court perused the 161 CrPC statement of the wife of the deceased and noted that she had not even whispered a single word against the applicant.

The Court further found substance in the argument posed by the counsel for the applicant and noted that neither from the applicant, nor his pointing out, the police had recovered any incriminating material. Against this backdrop, keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the counsel for the parties, taking into account the manner and mode of the offence and the period of detention already undergone, and also without expressing any opinion on merits of the case, the Court concluded that the appellant had made out a case for bail.
However, the Court was deeply saddened when the informant in the matter complained that the widow of the deceased and his other family members are at the sun and wanted to have a safe shelter.

Recording its deep anguish and concern at this, the Court directed the S.S.P. Gorakhpur to provide necessary security to the family members of the deceased and thereafter, having periodical assessment deploy the requisite security during the trial and take stringent action against every person who wants to take the law in his hands.

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