Court No. - 24
Case :- CRIMINAL APPEAL No. - 213 of 2018 Appellant :- Kapil Respondent :- State Of U.P. And 3 Ors.
Counsel for Appellant :- Sumit Pandey,Devesh Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble Mahboob Ali,J.
Sri Sai Girdhar Dwivedi has filed his parcha on behalf of the respondents which is taken on record and he states that he does not intend to file counter affidavit.
Heard learned counsels for the appellant and respondents 2, 3 and 4 and learned A.G.A. and perused the record.
This criminal appeal has been preferred against the judgement and order dated 08.12.2017 passed by Additional District & Sessions Judge, Aligarh, by which the bail application of the appellant has been rejected in Case Crime No. 201 of 2016, under Sections 323, 325, 504 IPC and Section 3(1) 10 SC/ST Act, Police Station- Harduwa Ganj, District Aligarh.
It has been contended by learned counsel for the appellant that appellant has been falsely implicated in this case due to village parti-bandi and political rivarly of the father of the appellant and the first informant. It is next contended that the only allegation is that due to buffaloes-fight, appellant along with three other persons, came to the house of the first informant and assaulted him and his family members. It is further submitted that the allegation is false and the appellant has neither assaulted the first informant or his family members nor he uttered any caste-related word. It is also submitted that appellant is a bright student having no criminal history and he has been languishing in jail since 08.12.2017 and he undertakes not to misuse the liberty of bail, if granted.
Learned A.G.A opposed the appeal and prayer for bail and supported the impugned order.
Upon hearing learned counsel for parties, perusal of record and considering the complicity of the accused, severity of punishment as well as totality of facts and circumstances of the case, I find that the learned Court below has acted wrongly in rejecting the bail application hence, the impugned order dated 08.12.2017 passed by the Additional District & Sessions Judge, Aligarh by which the bail application of the appellant has been rejected, is liable to be set aside and appeal is liable to be allowed.
Consequently, the appeal is allowed and the impugned order dated 08.12.2017 passed by Additional District & Sessions Judge, Aligarh by which the bail application of the appellant has been rejected in Case Crime No. 201 of 2016, under Sections 323, 325, 504 IPC and Section 3(1) 10 SC/ST Act, is set aside and the bail application of the appellant stands allowed.
Let the appellant, Kapil, be released on bail in Case Crime No. 201 of 2016, under Sections 323, 325, 504 IPC and Section 3(1) 10 SC/ST Act, Police Station- Harduwa Ganj, District Aligarh, on his furnishing personal bond and two reliable sureties each in the like amount to the satisfaction of the Court concerned subject to the following conditions:-
(i). The appellant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witness is 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;
(ii). The appellant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of their absence, without sufficient cause, the trial court may proceed against his under Section 229-A of the Indian Penal Code;
(iii). In case, the appellant misuse the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the appellant fail 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.
(iv). 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 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 his bail and proceed against him in accordance with law.
Order Date :- 23.3.2018 Ujjawal