Heard learned counsel for the appellant, learned A.G.A. for the State and perused the material on record.
This Criminal Appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant against the order dated 12.3.2020, passed by learned Special Judge, S.C./S.T. Act, Sitapur in Bail Application No.142/2020, moved by the appellant in Case Crime No.162/2018, under Sections 376-D, 504, 506, 452 I.P.C. and Section 3(2)(V) SC/ST Act, relating to Police Station Rampur Mathura, District - Sitapur.
It is stated by learned counsel for the appellant that occurrence in this case is shown to have taken place in the intervening night of 17/18.06.2018, whereas the application under Section 156(3) Cr.P.C. was moved on 27.06.2018 and the F.I.R. has been lodged on 20.07.2018 with inordinate delay. In the medical report, no abnormality was found. Though the victim is dumb, but by gesture, she has given her statement under Section 161 Cr.P.C. and has supported the prosecution version. However, in her statement recorded under Section 164 Cr.P.C. an assertion was made that some loot had taken place with her and her ornaments were snatched by the accused persons. It is also stated that the accused persons had come on motorcycle, whereas house of the accused persons is in the vicinity of the complainant, which is highly improbable.
It is further submitted that the co-accused namely Kamlesh has already been granted bail vide order dated 27.2.2020 passed in Criminal Appeal No.1507 of 2019 and the case of the appellant stands on identical footings.
Learned A.G.A has, however, opposed the prayer for grant of bail but he could not disputed the above contention made by learned counsel for the accused-applicant.
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 12.3.2020 is, hereby, set aside.
Let appellant, Bhane alias Udaybhan 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 :- 24.8.2021 Dev Prakash.