Court No. - 67
Case :- CRIMINAL APPEAL No. - 5858 of 2019 Appellant :- Bablu Alias Rajan Respondent :- State of U.P. and Another Counsel for Appellant :- Rakesh Kumar Pandey,Ashish Kumar,Dharmendra Kumar Singh Counsel for Respondent :- G.A.,Mahendra Pal Singh
Hon'ble Rahul Chaturvedi,J.
Heard Sri Dharmendra Kumar Singh, learned counsel for the appellant, Sri Mahendra Pal Singh, learned counsel for the complainant as well as 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 bail rejection order dated 21.08.2019 passed by Special Judge, SC/ST Act, Jaunpur in Bail Application No.167 of 2019 (Bablu alias Rajan Vs. State of U.P) arising out of case crime no.333 of 2019, under Section 307 I.P.C. and 3(2) (V) S.C./S.T. Act, P.S. Line Bazar, District Jaunpur It is submitted by learned counsel for the applicant that role attributed to the appellant is of only exhortation though the appellant is named in the F.I.R. In the statement of injured Mahantlal recorded under Section 161 Cr.P.C. stated that on the exhortation of the appellant co-accused Umesh Chandra Yadav fired on the vital part of the injured. Case of the present applicant is distinguished from the case of Umesh Chandra Yadav. The appellant has no criminal history. He is languishing in jail since 07.07.2019.
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 applicant, 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 case for bail.
Let the appellant Bablu alias Rajan be released on bail in the aforesaid case crime number on hiis 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 MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HIS 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, will have serious repercussion on his bail so granted by this court.
Accordingly, the appeal succeeds and the same stands allowed. Impugned order dated dated 21.08.2019 passed by Special Judge, SC/ST Act, Jaunpur is hereby set aside.
Order Date :- 18.12.2019 Asha