Court No. - 52
Case :- CRIMINAL APPEAL No. - 4867 of 2017 Appellant :- Babalu Chaudhari Respondent :- State Of U.P.
Counsel for Appellant :- Dhanbeer Mishra Counsel for Respondent :- G.A.
Hon'ble Rajul Bhargava,J.
Annexure CA-1 of the counter affidavit filed by learned AGA indicates that notice has been served on respondent no. 2 yet no one appeared on his/her behalf.
Heard learned counsel for appellant, learned A.G.A. for the State- Respondent and perused the paper book.
This Criminal Appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed questioning the correctness of the order 17.8.2017 passed by Additional Session Judge/ F.T.C., Sant Kabir Nagar in Bail Application no. 572/2017 (Bablu Chaudhari vs. State) u/s 376, 452, 506, 507 IPC and 3(2)5 SC/ST Act, arising out of Case Crime no. 208/2017, P.S. Mahuli, District Sant Kabir Nagar whereby his prayer for bail has been rejected.
It is contended by counsel for the appellant that the appellant is wholly innocent and has been falsely implicated in the F.I.R. lodged after three months and 11 days of the incident. Learned counsel has filed documents regarding enmity between the parties along with supplementary affidavit. The medical report does not support the prosecution version of rape. Learned counsel states that in order to claim compensation from the government, false case has been foisted on him. The appellant is in jail since 28.6.2017.
Per contra learned AGA has vehemently opposed the prayer for bail and supported the impugned order. However he could not point out anything material on the contrary.
Considering the facts and circumstances of the case and keeping in view the fact that the trial of the case is not likely to be concluded in near future, the appeal has substance and it is, accordingly, allowed. Impugned order dated 17.8.2017 passed by Additional Session Judge/ F.T.C., Sant Kabir Nagar is, hereby, set aside.
Let appellant, Babalu Chaudhari be released on bail in aforesaid Case Crime on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:
(i). The appellant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence, if 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;
(ii). 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;
(iii). In case, the appellant misuses the liberty of bail 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.
(iv) 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
Order Date :- 24.9.2018 Dhirendra/