Heard learned counsel for the appellants, learned counsel for opposite party as well as learned A.G.A. appearing for the State, pertaining to the prayer of bail of the appellant.
This criminal appeal has been filed by the appellants under Section 14A (2) the Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 to set aside the order dated 06.03.2019 passed in Bail application No. 456/2019, arising out of case crime No. 166/2016, under Sections 147, 148, 149, 302 I.P.C., Section 3(2) 5 of S.C./S.T. Act and Section 7 Criminal Law Amendment Act, Police Station Asivan, District Unnao..
Learned counsel for the appellant while pressing the appeal submits that, the appellant has been falsely implicated in this case. Nothing as claimed by the prosecution has been committed by the appellant.
It is contended on behalf of learned counsel for appellants/ applicants that the co-accused Shiv Prakash has been enlarged on bail vide order dated 29.05.2019 passed by Co-ordinate Bench of this Court in Criminal Appeal no. 887 of 2018. Another Co-accused Sanjay Pandey who was having similar role has also been enlarged on bail vide order dated 25.07.2017 passed by another Co-ordinate Bench of this Court in Criminal Appeal No. 791 of 2017. One more Co-accused Om Prakash Pandey who was having similar role has been enlarged on bail vide order dated 26.10.2017 passed by the Co-ordinate Bench of this Court in Criminal Appeal Defective No. 814 of 2017. Learned counsel for appellants submit that the role of the present accused is similar to the aforesaid co-accused who have been granted bail, hence he seeks parity. It is further contended that general role of firing has been assigned to all the accused persons in the F.I.R. and in the Statement recorded under Section 161 and 164 Cr. P.C.
It is further submitted that, the appellants are languishing in jail in this matter since 17.09.2016. There is no likelihood that the appellants-applicants after release on bail may flee from the process of law or will misuse the liberty of bail granted by this Court.
Learned A.G.A. opposes the prayer for bail, but could not confront the factual submissions made by the learned counsel for the appellant-applicant.
Considering the facts and circumstance of the case, without commenting upon merits, I am of the view that the learned court below has failed to appreciate the material available on record. In view of above, the order passed by the court below is liable to be set aside.
Accordingly, the appeal is allowed and the order dated 06.03.2019 passed in Bail application No. 456/2019, arising out of case crime No. 166/2016, under Sections 147, 148, 149, 302 I.P.C., Section 3(2) 5 of S.C./S.T. Act and Section 7 Criminal Law Amendment Act, Police Station Asivan, District Unnao is set aside.
Let the appellants-applicants Gyanendra Kumar Pandey & Ravishankar Pandey involved in aforesaid case be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicants will not tamper with the evidence during the trial.
(ii) The applicants will not pressurize/ intimidate the prosecution witness.
(iii) The applicants 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 applicants 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 applicants shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
(vi) In case, the applicants misuse the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
Order Date :- 27.8.2019 Shanu