Heard learned counsel for the appellant, learned A.G.A. for the State and perused the materials 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 10.07.2019 passed by Special Judge (SC/ST Act), District Lucknow in S.T. No. 181, Bail Application No. 4325 of 2019, arising out of Case Crime No. 710 of 2018, under Sections 364, 302, 201 and Section 3(2) V SC/ST Act, Police Station Sarojini Nagar, District Lucknow. The Presiding Officer has rejected the bail application of the appellant vide impugned order dated 10.07.2019.
Learned counsel for the appellant has placed before me a copy of the bail granted to the co-accused on 16.09.2019 in Bail No. 7396 of 2019. Learned counsel for the appellant has argued that there is no incriminating evidence or direct evidence against the apppellant and he further disputes all the arguments as raised in application of the bail application of Dheerendra Kumar Puri and thus prays that the appellant who is in jail since 17.05.2019 may be enlarged on bail.
Learned A.G.A. has opposed the prayer for bail however does not dispute the grant of bail to the co-accused.
Considering the submissions made in the bar and the facts that the co-accused has been enlarged on bail on same grounds, this Court is of the view that the appellant is entitled to be enlarged on bail.
Let appellant- Janakraj Dubey @ Rahul @ Sonu, 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 J.K. Dinkar