Counter affidavit filed today is taken on record.
Heard learned counsel for the appellant, learned A.G.A. for the State and perused the material available on record.
This appeal has been preferred under Section 14 (A) (2) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, against the impugned order dated 29.11.2018 passed by learned Special Judge (PCSO Act)/Additional Sessions Judge, Court No. 8, Unnao, in Bail Application No. 2317 of 2018, (Ankit Nishad Vs. State of U.P.), arising out of Crime No. 239 of 2018, under Sections 363, 366, 376, 323 I.P.C., Section 3/4 P.C.S.O. Act, and Section 3(2)5 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, Police Station Gangaghat, District Unnao. The Presiding Officer has rejected the bail application of the appellant vide impugned order dated 29.11.2018.
In pursuance to the order dated 24.9.2019, the learned A.G.A. has produced report which accepts the version that the respondent No. 3 had visited the appellant in jail on three occasions. It is further argued that the entire allegations have been levelled on the basis of pressure from the family of the respondent No. 3 which stands fortifies by the fact that the respondent No. 3 had visited the appellant on three occasions during this custody. The appellant is in custody since 7.9.2018 and has no criminal antecedents.
Learned A.G.A. has opposed the appeal.
In the above mentioned circumstances, without expressing any opinion on the merits of the case, this Court is of the view that the appellant is entitled to be released on bail.
Let appellant- Ankit Nishad be released on bail in the aforesaid case crime number on his furnishing a personal bond of Rs.50,000/- and two sureties each in the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(i) The appellant shall not tamper with the evidence of witnesses and shall not commit any offence.
(ii) The appellant 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.
(iii) The appellant 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.
(iv) In case, the appellant 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.
(v) The appellant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the appellant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Appeal is accordingly allowed.
Order Date :- 30.9.2019 SR