Court No. - 67
Case :- CRIMINAL APPEAL No. - 5867 of 2019 Appellant :- Ram Awadhesh Respondent :- State of U.P. and Another Counsel for Appellant :- Kameshwar Singh Counsel for Respondent :- G.A.
Hon'ble Rahul Chaturvedi,J.
Shri Manoj Yadav, Advocate filed his power today on behalf of opposite party no.2, which is taken on record.
Heard learned counsel for the appellant, learned counsel for the opposite party no.2 as well as learned A.G.A for the State and perused the record.
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 03.09.2019 passed by Special Judge, SC/ST Act/Additional Sessions Judge, Ballia in Bail Application No.1339 of 2019 (Ram Awadhesh Vs. State of U.P) in S.T. No.29 of 2010, arising out of Case Crime no.3015 of 2008, under Sections 147, 148, 149, 452, 323, 504, 506, 336 I.P.C. and Section 3(1)(X) of SC/ST Act, Police Station- Garhwar, District-Ballia.
It is submitted by learned counsel for the appellant that the appellant was initially named in the F.I.R., but during the investigation the name of appellant was dropped by the investigating officer but the appellant has been summoned on the application moved u/s 319 Cr.P.C. Since the appellant was summoned u/s 319 Cr.P.C. itself a good ground of enlarging the appellant on bail. The appellant is languishing in jail since 03.09.2019.
Learned A.G.A as well as learned counsel for the opposite party no.2 opposed the prayer for bail.
The submission made by learned counsel for the appellant, 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, taking into account the manner and mode in which the appellant has been summoned and the period of detention already undergone, and also without expressing any opinion on merits of the case, I am of the view that the appellant has made out a case for bail.
Let the appellant-Ram Awadhesh, 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 APPELLANT WOULD FULLY COOPERATE IN THE CONCLUSION OF TRIAL WITHIN ONE YEAR AND ANY TEMPERING OR WILLING TACTICS ON THE PART OF THE APPELLANT TO DELAY THE TRIAL WOULD WARRANT THE AUTOMATIC CANCELLATION OF BAIL.
(ii) THE APPELLANT 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 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 IPC.
(iv) IN CASE, THE APPELLANT 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 APPELLANT 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 APPELLANT 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 APPELLANT 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 appellant, shall have serious repercussion on his bail so granted by this court.
Accordingly, the appeal succeeds and the same stands allowed. Impugned order dated order dated 03.09.2019 passed by Special Judge, SC/ST Act/Additional Sessions Judge, Ballia, is hereby set aside.
Order Date :- 17.12.2019 M. Kumar