Heard learned counsel for the appellant, learned Additional Government Advocate for the State and perused the record.
This criminal appeal has been filed under Section 14-A(2) of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 to set aside order dated 18.2.2020, passed in Bail No.450/2020 arising out of case crime No.022/2020 under sections 147, 308, 323, 336, 506 I.P.C. and Sections 3(1)(Dha) of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989, P.S. Aliganj, district Lucknow.
Learned counsel for the appellant/applicant submits that the order of the trial court is illegal and perverse. The court below has not appreciated the evidence available on record. Cross cases have been filed by both the sides. General role of assault has been levelled on all accused persons.
The co-accused Akash has been enlarged on bail vide order dated 2.8.2021, passed in Crl. Appeal No.546 of 2020.
It is submitted on behalf of the appellant/applicant that the appellant is in jail since January, 2020.
It is further submitted that there is no possibility of the appellant of fleeing away after being released on bail or tampering with the witnesses. In case the appellant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the appellant/applicant.
Considering the facts and circumstances of the case, without commenting upon merit of the case, 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 of rejection of bail passed by the court below is liable to be and is hereby set aside.
Accordingly, the appeal is allowed.
Let the appellant/applicant Kallu alias Pappu Gupta be released on bail on his furnishing a personal bond and two 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 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 :- 12.8.2021 kkb/