Court No. - 67
Case :- CRIMINAL APPEAL No. - 5492 of 2019 Appellant :- Indraraj Yadav @ Rana Respondent :- State Of U.P. And Anohter Counsel for Appellant :- Anil Kumar Verma Counsel for Respondent :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the appellant, learned A.G.A for the State and perused the record.
Office report dated 01.11.2019 shows that notice has been served upon opposite party no. 2 and despite of service of notice no one has turned to file his reply. Therefore, with the aid and help of learned AGA, the Court is going to decide the present appeal.
This criminal appeal under Section 14 A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "S.C./S.T. Act") has been filed for setting-aside the bail rejection order dated 31.07.2019 passed by learned Special Judge, SC/ST Act, Varanasi, in Bail Application No. 2823 of 2019 arising out of Crime No. 200 of 2019, u/s 354-A, 506 IPC and 3(1)(ba) SC/ST Act, Police Station- Phoolpur, District- Varanasi.
It is submitted by learned counsel for the appellant that the victim herself has lodged the FIR u/s 506, 354-Ka IPC and 3(1)(ba) SC/ST Act however, the charge sheet was submitted u/s 354A, 506 IPC and 3(1)(ba) SC/ST Act. It is further submitted that the informant at every stage has tried to swell the allegation of sexual assault upon her. In her mazid bayan she has clearly stated that on the instigation of her husband and her counsel, she has changed her version at every stage. It has lastly been submitted that the appellant is languishing in jail since 22.07.2019.
Learned A.G.A as well as learned counsel for the complainant opposed the prayer for bail.
The submission made by learned counsel for the appellant, prima facie, is quite appealing and convincing for the purpose of bail only.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the appellant has made out a fit case for bail.
Let the appellant- Indraraj Yadav @ Rana, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) THE APPELLANT WOULD FULLY COOPERATE IN THE CONCLUSION OF TRIAL WITHIN ONE YEAR AND ANY TEMPERING OR WILLING TACTICS ON THE PART OF THE APPELLANT TO DELAY THE TRIAL WOULD WARRANT THE AUTOMATIC CANCELLATION OF BAIL.
(ii) THE APPELLANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE 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 IPC.
(iv) IN CASE, THE APPELLANT MISUSE THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HIS PRESENCE PROCLAMATION UNDER SECTION 82 CR.P.C., MAY BE ISSUED AND IF APPELLANT 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 IPC.
(v) THE APPELLANT SHALL REMAIN PRESENT, IN PERSON, BEFORE THE TRIAL COURT ON DATES FIXED FOR (1) OPENING OF THE CASE, (2) FRAMING OF CHARGE AND (3) RECORDING OF STATEMENT UNDER SECTION 313 CR.P.C. IF IN THE OPINION OF THE TRIAL COURT ABSENCE OF THE APPELLANT 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.
However, it is made clear that any wilful violation of above conditions by the appellant, shall have serious repercussion on his bail so granted by this court.
Accordingly, the appeal succeeds and the same stands allowed. Impugned order dated 31.07.2019 passed by learned Special Judge, SC/ST Act, Varanasi, is hereby set aside.
Order Date :- 27.11.2019 Nisha