Counter affidavit filed today, is taken on record.
Heard learned counsel for the appellant, learned AGA 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 05.08.2019 passed by learned Court of Special Judge SC/ST Act, Hardoi, in Bail Application No. 205 of 2019, arising out of special complaint case no. 143 of 2016, under Sections 452, 376, 506 IPC and Section 3(2) (5) SC/ST Act, Police Station Behta Gokul, District Hardoi. The Presiding Officer has rejected the bail application of the appellant vide impugned order dated 5.8.2019.
Learned counsel for the appellant has argued that the proceedings in the case were initiated on an application under section 156(3) Cr.P.C. which was registered as Special Complaint Case No. No. 143 of 2016. In the said application, it was alleged that the appellant entered into the house of the complainant on 16.5.2015 at 6.00 P.M. and was carrying firearm and the appellant represented her. The said application was filed on 8.6.2015. On 29.6.2015. her statement was recorded under section 200 Cr.P.C. wherein she reiterated the same. There is no medical report. It is further argued that prior to the present case the husband of opposite party no. 2 had lodged a case against the appellant and his father under sections 452, 325, 504, 506 IPC as well as under the SC/ST Act. However nothing could happened in that case, the present case has been lodged. He argued that the appellant has been falsely implicated and is in custody since 30.7.2019 and the appellant has no criminal antecedents.
Considering the submissions made at the bar, 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 Singh, 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 Puspendra