Court No. - 65
Case :- CRIMINAL APPEAL No. - 4470 of 2019 Appellant :- Kamal Tiwari And Another Respondent :- State of U.P. and Another Counsel for Appellant :- Anurag Shukla,Sri Gopal S. Chaturvedi, Senior Advocate Counsel for Respondent :- G.A.,Lal Mani Singh,Nidhi Singh
Hon'ble Vivek Kumar Singh,J.
Heard Sri G.S. Chaturvedi, learned Senior Advocate assisted by Sri Anurag Shukla, learned counsel for appellants, Sri Sanjay Singh, learned Additional Government Advocate for the State- opposite party, Sri L.M. Singh, learned Advocate appearing for opposite party no. 2 and perused the record.
This criminal appeal under Section 14-A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed challenging the order dated 23.5.2019 passed by the Special Judge, SC/ST Act, Kanpur Nagar, in Bail Application No. 1555 of 2019 (Kamal Tiwari & another v. State), arising out of Case Crime No. 245/2019, under Sections 147, 148, 149, 325, 504, 506, 323, 307 IPC and 3(2)(5), 3(i)(da) (dha) of SC/ST Act, P.S.- Naubasta District Kanpur Nagar, seeking bail in the aforesaid sections.
Submission of learned counsel for the appellants-applicants is that there is no injury on vital part of body of the injured. The injuries are simple in nature. The first informant as well as the injured person are hardcore criminals and history sheeters of District Kanpur. It is further submitted by learned counsel for the appellants that criminal proceedings have been initiated in counterblast to the cases lodged by the appellants. The appellants are in jail since 2.5.2019. Therefore, this appeal may be allowed.
On behalf of the State these arguments have been repelled.
Considering the facts and circumstances of the case and the arguments advanced on behalf of both the sides and keeping in view the fact that the trial of the case is not likely to be concluded in near future, the appeal has substance hence, this appeal as also the bail application are allowed and the order dated 23.5.2019 is hereby set aside.
Let appellants, Kamal Tiwar and Amit Tiwari be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties (Rupees two lakh each, one should be of a family member) by each appellant, with the following conditions:
1. The appellants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence, if 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;
2. The appellants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code;
3. In case, the appellants misuse the liberty of bail and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
4. The appellants 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of their bail and proceed against them in accordance with law.
The trial court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible within a period of six months from the date of receipt of certified copy of this order, if there is no legal impediment.
Order Date :- 18.12.2019 Digamber