Heard learned counsel for the appellant and learned Additional Government Advocate for the State as well as perused the record.
This criminal appeal has been filed under Section 14-A(2) of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 to set aside order dated 27.11.2019 passed in Special S.T. No.431 of 2019 arisen out of Case Crime No.374/2019 under Section 302, I.P.C. and Section 3(2)(5) SC/ST Act, Police Station Tandiyawan, District Hardoi passed by learned Special Judge SC/ST (P.A.) Act, Hardoi.
The applicant is in jail since 11.8.2019. The applicant is not named in the First Information Report. After the First Information Report, inquest and postmortem were conducted. At the time of inquest the complainant as well as the applicant both were present but no allegation has been made against the applicant. The prosecution witness have not taken the name of the applicant, however, chance witness Jugal Kishore has been examined whose daughter Vindeshwari has stated that door of the house opened by the accused Meera. Jugal Kishore has expressed the doubt that the wife of the deceased has committed murder with the help of her lover.
It is submitted that no statement of Vindeshwari has been taken by the investigating officer. The co-accused, Meera in her confession statement for the first time has taken the name of the applicant. apart from confession statement of Meera as well as the applicant there is no other evidence collected by the investigating officer and the call detail records. There is no other evidence collected by the Investigating Officer. There is no direct evidence or circumstantial evidence. There is no last scene evidence against the applicant. Charge-sheet in the matter has been filed.
It is submitted that there is no possibility of the appellant of fleeing away after being released on bail or tampering with the witnesses. In case the appellant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. have opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the appellant/applicant.
Considering the facts that the appellant has no criminal history and is languishing in jail since 11.8.2018 and 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 the order dated 27.11.2019 passed in Special S.T. No.431 of 2019 arisen out of Case Crime No.374/2019 under Section 302, I.P.C. and Section 3(2)(5) SC/ST Act, Police Station Tandiyawan, District Hardoi passed by learned Special Judge SC/ST (P.A.) Act, Hardoi, is set aside.
Let the appellant/applicant (Nannhey Joshi) involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant 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 applicant 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 applicant 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 applicant 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 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.
The pending application, if any too stands disposed of.
Order Date :- 12.8.2021 Madhu