Court No. - 29
Case :- CRIMINAL APPEAL No. - 5221 of 2019 Appellant :- Jhallu @ Safi Alam Respondent :- State Of U.P. And Anr. Counsel for Appellant :- Arvind Kumar Counsel for Respondent :- G.A.
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice
Counter affidavit filed by learned Additional Government Advocate may be taken on record.
By this appeal, a challenge is made to the order dated 3rd January, 2019 passed by learned IInd Additional Sessions Judge/Special Judge (S.C./S.T. Act), Kannauj in Bail Application No. 25 of 2018 arising out of Case Crime No. 90 of 2014, under Sections 302, 506 Indian Penal Code and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Kannauj, District Kannauj 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 eye witnesses turned hostile and there is no other evidence to connect him with the cirme. No recovery has been effected from the appellant while it has been effected from Sultan, thus the appellant, who is behind the bars from five years, may be enlarged on bail.
None appears on behalf of the complainant despite service.
Learned Additional Government Advocate has opposed the bail application. He submits that name of the appellant was given by the eye witnesses though they have turned hostile in the trial and it is true that no recovery has been effected from the appellant while it is from accused Sultan. However, prayer is to dismiss the appeal.
I have considered the rival submissions and perused the record. The appellant has been named in the FIR but in the Court statement witnesses turned hostile and otherwise no recovery has been effected from the appellant. Thus, looking to the aforesaid, I find a case for grant of bail and accordingly, the appeal is allowed and the order dated 3rd January, 2019 is set aside with a direction for release of the appellant on bail on the following conditions:-
Let the appellant Jhallu @ Safi Alam 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. 25 of 2018 arising out of Case Crime No. 90 of 2014 under Sections 302, 506 Indian Penal Code and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Kannauj, District Kannauj, 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.)