C.M.A. No. 98704 of 2021 Application for objection is taken on record.
(Order on Appeal) As per report of CJM dated 29.07.2021, notice was duly served on respondent no.2 but no one is present on his behalf.
Heard learned counsel for the applicant/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 impugned order dated 21.06.2021 passed by A.S.J./Special Judge (SC/ST Act), Lakhimpur Kheri in bail application No.611 of 2021 arising out of Case Crime No. 605 of 2019, under Section 306 IPC and Section 3(2)5 of SC/ST Act, Police Station- Dhaurahra, District- Kheri, whereby the bail application of the appellant/applicant has been rejected.
Learned counsel for appellant submits that the appellant is innocent and has falsely been implicated in the aforesaid crime. Learned counsel further submits that the F.I.R. was lodged after 15 days of the alleged incident without any plausible explanation. The name of the appellant was not disclosed at the time of panchayatnama and post mortem. Further submission is that after due deliberation and with consultation, F.I.R. was lodged against the appellant. It is also submitted that there is no motive attributed to the appellant to commit the alleged crime. There is no evidence for instant abetment of suicide against the appellant.
Learned counsel further submits that the appellant is a 11th class student. He has no previous criminal history and he is in jail since 17.05.2021. Learned counsel further submits that if the appellant is released on bail, he would not misuse liberty of bail and is ready to co-operate in the trial.
Learned A.G.A. for the State has vehemently opposed the prayer for bail and have submitted that the offence is serious in nature and appellant has no ground to release on bail and the bail application is liable to be rejected.
After hearing the rival submissions of the parties, and perused the record, without expressing any opinion on merits, I find that it is a fit case for grant of bail of appellant/applicant.
Impugned order dated 21.06.2021 is hereby set aside.
The appeal is hereby allowed.
Let appellant- Anuj Rathour be enlarged on bail in the aforesaid case crime number on his furnishing a personal bond 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 her 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 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 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.
(vi) The accused/appellant shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(viii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 17.8.2021 SK/-