Court No. - 67
Case :- CRIMINAL APPEAL No. - 5860 of 2019 Appellant :- Nepal Singh Gujjar Respondent :- State Of U.P. And 2 Others Counsel for Appellant :- Nihar Ranjan Singh Counsel for Respondent :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Sri Nihar Ranjan Singh, learned counsel for the applicant, learned A.G.A for the State and perused the record.
Despite of service of notice upon opposite party nos,2 and 3, none has put in appears on their behalf and now I am going to decide the bail application of the applicant.
This criminal appeal under Section 14 A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "S.C./S.T. Act") has been filed for setting-aside the bail rejection order dated 09.09.2019 passed by Special Judge, SC/ST Act,Jhansi in Bail Application No1661 of 2019 arising out of case crime no.111 of 2019 under Sections 147, 307, 323, 504, 506 IPC and Section 3(2)(V) of SC/ST Act, Police Station-Raksa, District-Jhansi.
It is submitted by learned counsel for the applicant that the FIR was got registered by the brother of the injured on 22.06.2019 for the incident said to have been taken place on 21.06.2019 under Sections 147, 307, 323, 504, 506 IPC and Section 3(2)(V) of SC/ST Act. The informant himself eye witness of the incident attributing the role of firing is to co-accused Tinku and the present applicant was attributed the role of giving blank shot. The medical report also shows that there is solitary injury over his right thigh on non vital part of the body. The applicant is languishing in jail since 07.08.2019.
Learned A.G.A as well as learned counsel for the complainant opposed the prayer for bail.
The submission made by learned counsel for the applicant, prima facie, is quite appealing and convincing for the purpose of bail only.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant-Nepal Singh Gujjar, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable 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 APPLICANTS WOULD FULLY COOPERATE IN THE CONCLUSION OF TRIAL WITHIN ONE YEAR AND ANY TEMPERING OR WILLING TACTICS ON THE PART OF THE APPLICANT TO DELAY THE TRIAL WOULD WARRANT THE AUTOMATIC CANCELLATION OF BAIL.
(ii) THE APPLICANTS SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE 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.
(iii) THE APPLICANTS 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 IPC.
(iv) IN CASE, THE APPLICANTS MISUSE THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HIS PRESENCE PROCLAMATION UNDER SECTION 82 CR.P.C., MAY BE ISSUED AND IF 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 IPC.
(v) THE APPLICANTS SHALL REMAIN PRESENT, IN PERSON, BEFORE THE TRIAL COURT ON DATES FIXED FOR (1) OPENING OF THE CASE, (2) FRAMING OF CHARGE AND (3) RECORDING OF STATEMENT UNDER SECTION 313 CR.P.C. IF IN THE OPINION OF THE TRIAL COURT ABSENCE OF THE APPLICANT IS DELIBERATE OR WITHOUT SUFFICIENT CAUSE, THEN IT SHALL BE OPEN FOR THE TRIAL COURT TO TREAT SUCH DEFAULT AS ABUSE OF LIBERTY OF BAIL AND PROCEED AGAINST HIM IN ACCORDANCE WITH LAW.
However, it is made clear that any wilful violation of above conditions by the applicants, shall have serious repercussion on his bail so granted by this court.
Accordingly, the appeal succeeds and the same stands allowed. Impugned order dated 09.09.2019 passed by Special Judge, SC/ST Act,Jhansi, is hereby set aside.
Order Date :- 28.11.2019 Abhishek Sri.