Court No. - 67
Case :- CRIMINAL APPEAL No. - 5490 of 2019 Appellant :- Smt. Chameli Devi And Another Respondent :- State Of U.P. And 2 Others Counsel for Appellant :- Deo Dayal,Vishwa Deepak Mishra 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 appellants, 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 22.07.2019 passed by Special Judge, SC/ST Act, Mirzapur, in Bail Application No. 738 of 2019 (Lavkush and others Vs. State of U.P), arising out of case crime no. 96 of 2019, under Sections 147, 148, 323, 504, 427, 325, 307, 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 appellants 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 injuries are fresh, casts shadow of doubt upon prosecution story. The general role has been attributed to all the assailants. It is further submitted that appellant has no criminal history. The appellants is languishing in jail since 26.06.2019.
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 appellants, 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 appellants have made out a case for bail.
Let the appellants- Smt. Chameli Devi and Smt. Lalli Devi, be released on bail in the aforesaid case crime number on their 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 APPELLANTS 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 APPELLANTS 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 APPELLANTS 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 APPELLANTS 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 APPELLANTS FAILS TO APPEAR BEFORE THE COURT ON THE DATE FIXED IN SUCH PROCLAMATION, THEN, THE TRIAL COURT SHALL INITIATE PROCEEDINGS AGAINST THEM, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.
(v) THE APPELLANTS 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 appellants, 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.