Heard learned counsel for the appellant, learned Additional Government Advocate for the State-respondent and perused the paper book.
This criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, has been filed challenging the order dated 23.11.2019, passed by the Special Judge (SC/ST Act), arising out of Case Crime No. 117 of 2019, under sections 376-D, 506 of IPC and Sections 3(2)(5) of SC/ST Act, P.S. Meeraganj, District- Jaunpur, seeking bail in the aforesaid sections.
The facts giving rise to the present appeal may be summarized as under:
Learned counsel for the appellant in support of his prayer for bail submits that the impugned order of the court's below is illegal and perverse. The court's below has not appreciated the evidence available on record in proper perspective. It is further submitted that co-accused Mukesh Bind, Jitendra and Ramlal Bind having similar to that of present appellant have already been granted bail by this Court vide order dated 5.2.2021 passed in Criminal Appeal No. 2038 of 2020, therefore, the appellant is also entitled for the same relief as has been granted to the co-accused.
Learned AGA vehemently opposed the contentions raised on behalf of the appellant but conceded on the point of parity.
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 the appeal is allowed and the order dated 23.11.2019 is hereby set aside.
Let appellant, Manilal Bind, be released on bail in Case Crime No. 117 of 2019, under sections 376-D, 506 of IPC and Sections 3(2)(5) of SC/ST Act, P.S. Meeraganj, District- Jaunpur, on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned 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 :- 26.8.2021 Prajapati