Heard Ms. Ambika Tripathi, learned counsel for the appellant, Sri Badrul Hasan, learned A.G.A.-I for the State and perused the material on record.
This Criminal Appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant against the order dated 17.8.2019 passed by learned Additional Sessions Judge/Special Judge, S.C./S.T. Act, Court No.2, Unnao in Bail Application No.1231/2019 (Kuldeep Gaud Vs. State of U.P.) arising out of Case Crime No.142/2019, under Sections 498-A, 304-B I.P.C. & Section 3(2)5 SC/ST Act, Police Station Safipur, District Unnao.
Submission of the learned counsel for the appellant is that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the appellant is the husband of the deceased and while saving the deceased the appellant also sustained burn injuries for which he was admitted in the hospital from 12.5.2019 to 20.5.2019. It is further submitted that the first information report of the incident is delayed which shows that, it is after thought. The appellant is in jail since 26.6.2019. The appellant has no criminal history.
Learned A.G.A. has vehemently opposed the bail application and the appellant is the husband of the deceased and he is only responsible for the incident.
Considering the facts and circumstances of the case 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 and it is, accordingly, allowed. Impugned order dated 17.8.2019 is, hereby, set aside.
Let appellant, Kuldeep Gaud be released on bail in aforesaid Case Crime on his furnishing a personal bond and two reliable sureties (of Rs. one lakh) (one should be of a family member) with 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, 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;
(ii). 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;
(iii). In case, the appellant misuses the liberty of bail 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.
(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 :- 27.8.2021 Dev Prakash.