Heard learned counsel for the appellant, learned counsel for opposite party as well as learned A.G.A. appearing for the State.
This criminal appeal has been filed by the appellant under Section 14A (2) the Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 to set aside the order dated 13.03.2019 passed in Bail application No. 04/2019, arising out of case crime No. 333/2002, under Sections 307 I.P.C. and Section 3(2)(V) of S.C./S.T. Act, Police Station Maholi, District Sitapur.
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 the appellant that the appellant is daily labour and was outside the town and therefore he could not appear on 24.06.2015. When non-bailable warrants issued against him neither he nor his counsel appeared before the trial court. When he returned he came to know that non-bailable warrants have been issued against him. The appellant then moved an application dated 07.02.2019 for cancellation of warrant whichIshaak has been rejected.
It has been contended that due to inadvertence the appellant could not appear before the trial court and learned counsel for the appellant submits that the appellant may be granted bail and he undertakes that he shall remain present on each and every date before the trial court.
It is further submitted that, the appellant is languishing in jail in this matter since 07.02.2019 and Charge-sheet in the matter has already been submitted. There is no likelihood that the appellant-applicant 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 13.03.2019 passed in Bail application No. 04/2019, arising out of case crime No. 333/2002, under Sections 307 I.P.C. and Section 3(2)(V) of S.C./S.T. Act, Police Station Maholi, District Sitapur, is set aside.
Let the appellant-applicant/Ishaak 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 applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant 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 applicant 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 applicant 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.
(vi) In case, the applicant 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.
Order Date :- 27.8.2019/R.C.