Court No. - 67
Case :- CRIMINAL APPEAL No. - 6029 of 2019 Appellant :- Ankit Respondent :- State Of U.P. And Anr.
Counsel for Appellant :- Shiv Vilas Mishra,Kuldeep Kumar Sharma Counsel for Respondent :- G.A.
Hon'ble Rahul Chaturvedi,J.
Rejoinder affidavit filed today, is taken on record.
Office report shows that notice has been served upon the opposite party No.2, but neither opposite party No.2 has appeared before the Court nor has filed counter affidavit.
In these circumstances, I am proposed to decide this Appeal with the assistance of learned A.G.A.
Heard learned counsel for the appellant, learned A.G.A for the State and perused the record.
This criminal appeal under Section 14 A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "S.C./S.T. Act") has been filed for setting-aside the Criminal Misc. Bail Application No. 44 of 2019 (State vs Ankit) rejection order dated 06.09.2019 passed by the 2nd Additional Sessions Judge/ Special Judge (S.C./S.T. Act) Baghpat in Case Crime No.900 of 2018 under Sections 452, 323, 504, 506 IPC and 3 (2) 5A of the S.C./S.T. Act, Police Station Baraut, District-Baghpat It is submitted by learned counsel for the appellant that the co- accused person Amit has already been enlarged on bail vide orders dated 07.05.2019 passed by another Co-ordinate Bench of this Court in Crl. Appeal No. 3124 of 2018 copy of the same has been annexed as Annexure No.8 to this appeal, therefore, on the ground of parity, applicant is entitled to be released on bail. The applicant is languishing in jail since 05.03.2019 and the trial is not conclude in near future. It has further been submitted that if he enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A as well as learned counsel for the complainant opposed the prayer for bail.
The submission made by learned counsel for the appellant, prima facie, is quite appealing and convincing for the purpose of bail only.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the appellant has made out a fit case for bail.
Let the appellant- Ankit, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable 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 APPELLANT WOULD FULLY COOPERATE IN THE CONCLUSION OF TRIAL WITHIN ONE YEAR AND ANY TEMPERING OR WILLING TACTICS ON THE PART OF THE APPELLANT TO DELAY THE TRIAL WOULD WARRANT THE AUTOMATIC CANCELLATION OF BAIL.
(ii) THE APPELLANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE 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 IPC.
(iv) IN CASE, THE APPELLANT MISUSE THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE THEIR PRESENCE PROCLAMATION UNDER SECTION 82 CR.P.C., MAY BE ISSUED AND IF APPELLANT 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 IPC.
(v) THE APPELLANT SHALL REMAIN PRESENT, IN PERSON, BEFORE THE TRIAL COURT ON DATES FIXED FOR (1) OPENING OF THE CASE, (2) FRAMING OF CHARGE AND (3) 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.
However, it is made clear that any wilful violation of above conditions by the appellant, shall have serious repercussion on his bail so granted by this court.
Accordingly, the appeal succeeds and the same stands allowed. Impugned order dated 06.09.2019 passed by learned 2nd Additional Sessions Judge/ Special Judge, SC/ST Act, Baghpat, is hereby set aside.
Order Date :- 17.12.2019 Pr/-