Heard learned counsel for the appellant, learned Additional Government Advocate for the State and Mohd. Imran, Advocate holding brief of Shri M.S. Siddiqui learned counsel for the complainant as well as perused the record.
This criminal appeal has been filed under Section 14-A(2) of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 to set aside order dated 18.11.2019 passed by the Special Judge S.C/S.T (P.A.) Act Hardoi in bail application No.323 of 2019, Crime No.29 of 2019 under Sections 326, 328, 343/34 Indian Penal Code and Section 3(2)(5) of SC/ST Act, Police Station Kotwali Dehat, District Hardoi.
Learned counsel for the appellant submits that the appellant is in jail since 25.9.2019. The injured witness Brijesh Kumar while in his examination-in-chief has not supported the prosecution case. The applicant has been falsely implicated. The applicant has no other criminal history. The statement of the injured witness P.W.1 is on record.
Learned counsel for the appellant/applicant submits that the applicant is innocent and has been falsely implicated. It is submitted that there is no possibility of the appellant of fleeing away after being released on bail or tampering with the witnesses. In case the appellant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. for the State and learned counsel for the complainant have opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the appellant/applicant.
Considering the facts and circumstance of the case, without commenting upon merits, I am of the view that the learned court below has failed to appreciate the material available on record. In view of above, the order passed by the court below is liable to be set aside.
Accordingly, the appeal is allowed and the order dated 18.11.2019 passed by the Special Judge S.C/S.T (P.A.) Act Hardoi in bail application No.323 of 2019, Crime No.29 of 2019 under Sections 326, 328, 343/34 Indian Penal Code and Section 3(2)(5) of SC/ST Act, Police Station Kotwali Dehat, District Hardoi, is set aside.
Let the appellant/applicant Alka Kinnar involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(vi) In case the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
The pending application, if any too stands disposed of.
Order Date :- 12.8.2021 Madhu