Court No. - 52
Case :- CRIMINAL APPEAL No. - 5253 of 2018 Appellant :- Deepak @ Shubham Singh Respondent :- State Of U.P. And Another Counsel for Appellant :- Manoj Kumar Singh,P.K. Singh Counsel for Respondent :- G.A., L.M. Singh
Hon'ble Rajul Bhargava,J.
Heard Sri P.K. Singh, learned counsel for appellant, Sri L.M. Singh, counsel for the opposite party no. 2, learned A.G.A. for the State- Respondent and perused the paper book.
This Criminal Appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed questioning the correctness of the order 20.8.2018 passed by IInd Additional Session Judge/ Special Judge, SC/ST Act, Kanpur Nagar in Criminal Misc. Bail Application no. 2365 of 2018 arising out of Case Crime no. 69 of 2018, u/s 302, 201 IPC and section 3(2)5 SC/ST Act, P.S. Swaroop Nagar, District Kanpur Nagar whereby his prayer for bail has been rejected.
It is contended by counsel for the appellant that he is not named in the F.I.R. whereas the first informant has nominated 13 accused in it; during investigation, name of the applicant surfaced in the confession of co- accused before the police which is inadmissible evidence; there is no other circumstance which unerringly indicates towards complicity of the applicant in the present crime; the appellant is in jail since 18.6.2018.
Per contra learned AGA and counsel for opposite party no. 2 have vehemently opposed the prayer for bail and supported the impugned order. However they could not dispute the submission made by counsel for the appellant.
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 20.8.2018 passed by IInd Additional Session Judge/ Special Judge, SC/ST Act, Kanpur Nagar is, hereby, set aside.
Let appellant, Deepak @ Shubham Singh 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 :- 26.10.2018 Dhirendra/