Heard learned counsel for the appellant, learned A.G.A. for the State and perused the material available on record.
This appeal has been preferred under Section 14 (A) (2) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, against the impugned order dated 4.6.2019 passed by learned Special Judge POSCO Act/Additional Sessions Judge, Court No. 7, Faizabad in Bail Application No. 57 of 2019 (Durgesh Alia Durga Deen Vs. State of U.P.), arising out of Case Crime No. 357 of 2018, under Sections 363, 366, 368, 376 IPC, Section 3/4 POCSO Act and Section 3(2)5 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, Police Station Rudauli, District Faizabad. The Presiding Officer has rejected the bail application of the appellant vide impugned order dated 4.6.2019.
Counsel for the appellant has argued that even as per the statement of the victim, no case under Sections 363 and 366 IPC can be said to be made out against the appellant. He further argues that there is no evidence except in the statement under Section 164 Cr.P.C. with regard to the allegations levelled under Section 376 IPC. Even the date and time of the alleged incident have not been disclosed in either the statement or in any report. It is further submitted that the appellant is in custody since 7.1.2019 and has no criminal antecedents.
Learned A.G.A. has opposed the appeal.
In the above mentioned circumstances, without expressing any opinion on the merits of the case, this Court is of the view that the appellant is entitled to be released on bail.
Let appellant- Durgesh alias Durga Deen be released on bail in the aforesaid case crime number on his furnishing a personal bond of Rs.50,000/- and two sureties each in the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(i) The appellant shall not tamper with the evidence of witnesses and shall not commit any offence.
(ii) The appellant 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.
(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 of the Indian Penal Code.
(iv) In case, the appellant 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.
(v) 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 absence of the applicant 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.
Appeal is accordingly allowed.
Order Date :- 27.9.2019 SR