Court No. - 23
Case :- CRIMINAL APPEAL No. - 28 of 2018 Appellant :- Bharat Rajput Respondent :- State Of U.P. And Another Counsel for Appellant :- G.S. Chauhan Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Singh,J.
Counter affidavit filed today by the learned A.G.A. for the State-respondent is taken on record.
Heard Sri G.S. Chauhan, learned counsel for the appellant and Sri Abhinav Prasad, learned A.G.A. for the State-respondent.
This criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, has been filed challenging the order dated 16.12.2017 passed by learned Additional Session Judge/Special Judge (D.A.A.), Jhansi, in Bail Application No. 2482 of 2017 (State Vs. Bharat Rajput) in Case Crime No. 216 of 2017, under Sections 395, 332, 342, 353, 504 I.P.C. & Section 3(2)5 SC/ST Act & Section 7 Criminal Law Amendment Act, Police Station Tahrauli, District Jhansi.
The submission of learned counsel for the appellant is that the co-accused Udai Rajput, Samar Singh, Lokendra and Suresh having similar role have been granted bail by this Court vide order dated 07.02.2018 in Criminal Appeal No. 159 of 2018 and 160 of 2018 respectively and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 30.10.2017.
Learned A.G.A. for the State-respondent have opposed the prayer for bail of the appellant.
Considering the facts and circumstances of the case and the arguments advanced on behalf of both the sides 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 hence, appeal as also bail application filed before the court below are allowed, order dated 16.12.2017 is hereby set aside.
Let appellant, Bharat Rajput be released on bail in the aforesaid case crime number 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:
1. 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;
2. 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;
3. 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.
4. 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 :- 29.3.2018 Arti