Court No. - 29
Case :- CRIMINAL APPEAL No. - 5314 of 2019 Appellant :- Govind Yadav Respondent :- State Of U.P. And Anr.
Counsel for Appellant :- Dhirendra Kumar Srivastava,Ramesh Kumar Singh Counsel for Respondent :- G.A.,Hemant Kumar,Pradeep Kumar Keshri
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice
By this appeal, a challenge is made to the order dated 2nd February, 2019 passed by learned Additional Sessions Judge, Court No. 2/Special Judge (S.C./S.T. Act), Chandauli in Bail Application No. 66 of 2019 arising out of Case Crime No. 273 of 2018, under Sections 366, 376, 342, 323, 504 and 506 Indian Penal Code, read with Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Chakia, District Chandauli by which the bail application preferred by the appellant under Section 439 of the Code of Criminal Procedure, 1973 was rejected.
Learned counsel for the appellant submits that no injury exist on the private part so as to make out a case and otherwise, the prosecutrix is major thus, allegations were made under the pressure otherwise she could not have stayed with the appellant for three days without any resistance. The appellant is otherwise behind the bars for last two and a half years and trial is likely to take time so he may be released on bail.
Learned Additional Government Advocate has opposed the bail application.
I have considered the rival submissions and after going through the material on record, find a case for grant of bail. I am not making comments on the facts as it may otherwise affect the parties in the trial. Accordingly, the appeal is allowed and the order dated 2nd February, 2019 is set aside with a direction for release of the appellant on bail on the following conditions:-
Let the appellant Govind Yadav be released on bail on his executing personal bond and furnishing two sureties of Rs. 25,000/- each to the satisfaction of the court concerned in Bail Application No. 66 of 2019 arising out of Case Crime No. 273 of 2018, under Sections 366, 376, 342, 323, 504 and 506 Indian Penal Code read with Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Chakia, District Chandauli, on the following conditions:-
(i) The appellant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The appellant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The appellant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the appellant to prison.
Order Date :- 12.8.2021 VMA (Munishwar Nath Bhandari, A.C.J.)