Heard learned counsel for the appellant and learned Additional Government Advocate for the State as well as perused the record.
This criminal appeal has been filed under Section 14-A(2) of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 to set aside order dated 22.09.2020 passed by Special Judge (SC/ST Act/Additional District and Sessions Judge, Court No.2 Unnao whereby bail application was rejected.
Learned counsel for the appellant/applicant submits that the applicant is innocent and has been falsely implicated.
As per the prosecution case, the marriage of daughter of the informant was solemnized with Antu, who used to beat her daughter along with her brother Brijlal, who also used to beat her time to time. Several times compromise was done between them. He has suspicion that his daughter Sarojani Devi as well as grand daughters Roshani and Shivani have been murdered by Antu, husband of the deceased.
Learned counsel for the applicant submits that the applicant is not named in the First Information Report. The applicant has no criminal history. The applicant is in jail since 28.5.2020. Charge-sheet in the matter has been filed.
It is next submitted that there is no eye witness to the incident. There is no circumstantial evidence against the present applicant as no one has given the last scene evidence against the applicant. After three days from the occurrence, only on the basis of confession statement of the accused Anil, the applicant has been implicated in this case. Nothing incriminating has been recovered from the possession of the accused-applicant. It is lastly submitted that confessional statement made in the police custody is not relevant.
It is submitted that there is no possibility of the appellant of fleeing away after being released on bail or tampering with the witnesses. In case the appellant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. have opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the appellant/applicant.
Considering the facts and circumstances of the case, without commenting upon merit of the case, I am of the view that the learned court below has failed to appreciate the material available on record.
In view of above, the appeal is allowed. The order dated 22.09.2020 (supra) passed by the court below is liable to be and is hereby set aside.
Let Chhotu @ Mumtaj Ali, the appellant/applicant involved in Case Crime No. 60 of 2020, under Section 302, 201, 404, 34 I.P.C. and Section 3(2) (v) SC/ST Act, Police Station Auras, District Unnao be released on bail on his furnishing a personal bond and two 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 applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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.
(v) The applicant 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.
(vi) In case the applicant misuses the liberty of bail during trial 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.
Order Date :- 28.7.2021 Madhu