Court No. - 74
Case :- CRIMINAL APPEAL No. - 1837 of 2021 Appellant :- Pramod Kumar Respondent :- State Of U.P.And Another Counsel for Appellant :- Pankaj Dwivedi Counsel for Respondent :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Notice has been served upon respondent no.2 as per report of the C.J.M.,concerned but none is present for the respondent no.2.
Counter affidavit filed by learned AGA, is taken on record.
Heard learned counsel for the appellant and learned AGA for the State and perused the record.
This appeal has been filed by appellant Pramod Kumar against the impugned order dated 10.03.2021 passed by learned Special Judge, SC/ST Act, District Agra passed in Bail Application No. 1834 of 2021(Pramod Kumar vs. State of U.P.), arising out of Case Crime No. 87 of 2021, under Sections 323, 504, 506, 354 Kha I.P.C. and Sections 3(1)(r) and 3(1) (s) of SC/ST Act, P.S. Sikandra, District-Agra by which bail plea of appellant has been rejected. Aggrieved by the rejection order this appeal has been filed.
In respect of an incident took place on 3.6.2020, the F.I.R. has been lodged on 18.02.2021 making allegation against the appellant that on the same day he abused the informant with caste words and caused serious injuries by hitting on the head by brick and when his wife came to rescue, he committed marpeet with her and torned her clothes.
The impugned order has been challenged on the ground that the order has been passed against the material available on record in arbitrary manner without considering the fact that the delayed F.I.R. was registered on the basis of an application under section 156(3) Cr.P.C. Further submission is that appellant has no criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. There is no independent witness and medical report of doctor and ignoring this, learned Special Judge without applying his mind illegally rejected the bail application vide impugned order, which is liable to be set aside.
Learned AGA has opposed and has submitted that after due consideration to the material on record, learned Special Judge has exercised his legal authority and rightly rejected the bail application. The offence has been committed against persons of scheduled castes and the appellant has gone to the extent to tear the clothe of the wife of the informant therefore the appeal has no force and is liable to dismissed.
Considering the submissions of both the sides, it appears that learned Special Judge has ignored the fact that the case was registered on the basis of an application under Section 156(3) Cr.P.C. and that application was filed before the Magistrate concerned on 2.11.2020 after a delay of five months. No convincing explanation has been given for this delay. The injured persons were not medically examined. Learned Special Judge appears to have been influenced by the fact that offence has been committed against the members of scheduled caste and therefore he rejected the bail application. I find apparent illegality in the impugned order and the same is liable to be set aside.
In the result, appeal is allowed. Impugned order dated 10.03.2021 passed by learned Special Judge, SC/ST Act, District Agra is set aside.
Let appellant-applicant Pramod Kumar be released on bail in the aforesaid case crime on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant-appellant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant-appellant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant-appellant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 28.7.2021 Tamang