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_{"Caste system in our society is deep rooted, we boast ourselves as educated society but we live our lives with double standards. Even after 75 years of Independence we are not able to get out with this social menace. This is pitiable and tragic": Allahabad High Court}

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Releasing a man, an alleged complicit in a murder case, on bail, the Allahabad High Court recently commented on the existing caste system in Indian society and its concomitant effects. 

The bench of Justice Rahul Chaturvedi noted, "This is pitiable and tragic. It is the moral duty of those sane person, who are well-off, to protect the underprivileged and downtrodden, so that they feel themselves safe, secure and comfortable."

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 every one to give serious thought over the matter," court said. 

The matter, in brief, was that the present case had been registered on basis of a complaint filed by the elder brother of a man who had been allegedly murdered by a group of more than 17 people in broad daylight. 

The informant had alleged that his brother, who belonged to the schedule caste community, was posted as Gram Panchayat Adhikari in Gorakhpur. Allegedly, during his training, he developed intimacy with his course-mate, a girl with the surname Mishra. 

Negating all odds and objections, the couple performed a registered marriage and started residing together. However, allegedly, the girl's family could not come to terms with this marriage and decided to eliminate informant's brother. 

Thereafter, on September 24, 2021, in pursuance of a conspiracy, when informant's brother was out on shopping along with his uncle, he was ambushed by two motorcycle riders along with other persons who assaulted him with sharp-edged weapons and also seriously injured his uncle.

Following this attack, informant's brother was taken to hospital where he was declared dead by the doctors. The informant had alleged that his brother was murdered in cold blood even in broad daylight. 

After the incident, the FIR in the case was lodged under Sections 302, 307, 506, 120B of the Indian Penal Code and Section 3(2)(V) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) on July 25, 2021, against as many as 17 named accused persons and four persons on two motorcycles. 

The matter at hand was a criminal appeal filed by one of the accused in the case. The appellant had filed his plea under section 14 A (2) of the SC/ST Act for setting aside an order dated September 15, 2021, passed by the Special Judge, SC/ST Act/Additional Session Judge, Gorakhpur rejecting his bail.

He had argued that he was only a friend of the girl's family and his name had been purposely dragged on account of previous animosity. He had also submitted that he was languishing in Jail since July, 2021.

Therefore, taking note of bail applicant's arguments, evidence, his complicity and the period of detention already undergone, the court, without expressing any opinion on merits of the case, decided to release him on bail. 

However, recording its deep anguish against the threat that the girl and her deceased husband's family is still receiving from her own family, Court directed, "If this is the ground reality. S.S.P. Gorakhpur would provide necessary security to the family members of the deceased."

The Court noted that, "It is mind-boggling, that the counsel for the informant is complaining that the widow of the deceased and his other family members are at sun and wants to have safe shelter."

Cause Title: Sanni Singh vs State of U.P. and Another