Vakalatnama filed by Shri K.S. Prakash, on behalf of complainant is taken on record.
Heard learned counsel for the appellant, learned A.G.A. appearing for the State, learned counsel for the complainant and perused the record.
This criminal appeal has been filed by the appellant under Section 14A (2) the Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 to set aside the order dated 24.07.2019 passed in Bail application No.191/2019, arising out of Case Crime No.469 of 2014, under Sections 147, 148, 149, 458, 380, 307, 336, 323, 504, 506, 427, 120-B IPC and Section 3(2)(5) of SC/ST (Prevention of Atrocities) Act, Police Station Bilgram, District Hardoi.
It is contended by learned counsel for the appellant that several co accused have been enlarged on bail by coordinate Bench of this Court vide orders dated 7.1.2019 and 2.4.2019 passed in Criminal Appeal Nos.203 of 2019, 2395 of 2018, 1619 of 2018 and 207 of 2018. Learned counsel for the appellant further submitted that no fire arm injures as alleged have been found and medical report belies the prosecution story. It is further submitted that general allegations have been levelled against the accursed persons. and some of them have been granted bail as mentioned above as such the appellant is also entitled to be released on bail on the ground of parity.
Learned A.G.A. as well as learned counsel for the complainant have opposed but could not confront the factual submissions made by the learned counsel for the appellant.
Considering the facts and circumstance of the case, without commenting upon merits, 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 passed by the court below is liable to be set aside.
Accordingly, the appeal is allowed and order dated 24.07.2019 passed in Bail application No.191/2019, arising out of Case Crime No.469 of 2014, under Sections 147, 148, 149, 458, 380, 307, 336, 323, 504, 506, 427, 120-B IPC and Section 3(2)(5) of SC/ST (Prevention of Atrocities) Act, Police Station Bilgram, District Hardoi is set aside.
Let the appellant-applicant Kayab @ Ruab Khan involved in aforesaid case be released on bail on furnishing a personal bond with two heavy sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The appellant will not tamper with the evidence during the trial.
(ii) The appellant will not pressurize/ intimidate the prosecution witness.
(iii) The appellant 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 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.
(v) 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.
(vi) 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 appellant 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 :- 26.8.2019 P.s.