Court No. - 67
Case :- CRIMINAL APPEAL No. - 5783 of 2019 Appellant :- Buddhi Ram Bind Respondent :- State Of U.P. And 2 Others Counsel for Appellant :- Uttam Singh,Ashutosh Kumar Pandey,Sanjeev Kumar Pandey Counsel for Respondent :- G.A.,Sanjeev Kumar Pandey.
Hon'ble Rahul Chaturvedi,J.
Order sheet shows that notice was served upon opposite party no. 2, but till date no counter affidavit has been filed by learned counsel for opposite party no. 2 and with the help of learned AGA, I am going to decide this appeal.
Heard learned counsel for the appellant, 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, 2015 (in short "S.C./S.T. Act") has been filed for setting-aside the bail rejection order dated 02.08.2019 passed by Special Judge, SC/ST Act, Mirzapur, in Bail Application No. 803 of 2019 (Budhiram Bind Vs. State of U.P), arising out of case crime no. 96 of 2019, under Sections 147, 148, 323, 504, 506, 427, 325, 307, 394, 447 IPC and Section 3 (1) (Da) (Dha) and Section 3 (2) (5) SC/ST Act, Police Station- Ahraura, District- Mirzapur.
It is submitted by learned counsel for the appellant that the FIR was got registered by one Kamala against as many as ten named persons and five male and five female unknown persons with the allegation that all of them has jointly assaulted by lathi- danda and axe causing injury to Kamla Singh and Sri Ram causing fracture. It is not clear from the allegation that who is the author of causing fracture. The injury report shows that none of the injuries are fresh, casts shadow of doubt upon the entire prosecution case. The general role has been attributed to all the assailants. It is further submitted that appellant has no criminal history. The appellant is languishing in jail since 02.07.2019.
Learned A.G.A and learned counsel for the complainant opposed the prayer for bail and could not dispute the aforementioned facts.
The submission made by learned counsel for the appellant, 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- Buddhi Ram Bind, be released on bail in the aforesaid case crime number on his 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 APPLICANT 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 MISUSE 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 willful violation of above conditions by the appellant, shall have serious repercussion on his bail so granted by this court.
Accordingly, the appeal succeeds and the same stands allowed. Impugned order dated 02.08.2019 passed by Special Judge, SC/ST Act, Mirzapur, in Bail Application No. 803 of 2019 (Budhiram Bind Vs. State of U.P), arising out of case crime no. 96 of 2019, under Sections 147, 148, 323, 504, 506, 427, 325, 307, 394, 447 IPC and Section 3 (1) (Da) (Dha) and Section 3 (2) (5) SC/ST Act, Police Station- Ahraura, District- Mirzapur, is hereby set aside.
Order Date :- 16.12.2019 v.k.updh.