Heard learned counsel for the appellant, learned A.G.A. for the State and perused the material available on record.
This appeal has been preferred under Section 14 (A) (2) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, against the impugned order dated 6.4.2018 passed by learned Sessions Judge, Shravasti in Bail Application No. 107 of 2018 (Ram Dheeraj Bhooj Vs. State of U.P.), arising out of Case Crime No. 49 of 2018, under Sections 302, 201 IPC and Section 3(2)(V) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, Police Station Gilaula, District Shravasti. The Presiding Officer has rejected the bail application of the appellant vide impugned order dated 6.4.2018.
Counsel for the appellant has argued that the F.I.R. was lodged on 1.3.2008 pertaining to the incident of 19.2.2018. Although the name of the appellant appeared, however no specific role was assigned to the appellant. In the statements recorded by the witnesses, it was stated that the deceased was seen going behind the appellant, there is no eye witness account of the incident. Counsel for the appellant argues that the appellant is in custody since 5.3.2018 and has no criminal antecedents. He further states that if he is enlarged on bail, there is no likelihood of the trial being effected or the witnesses being threatened because the appellant has no criminal antecedents.
Learned A.G.A. has opposed the appeal.
In the above mentioned circumstances, without expressing any opinion on the merits of the case, this Court is of the view that the appellant is entitled to be released on bail.
Let appellant-Ram Dheeraj Bhooj be released on bail in the aforesaid case crime number on his furnishing a personal bond of Rs.50,000/- and two sureties each in the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(i) The appellant shall not tamper with the evidence of witnesses and shall not commit any offence.
(ii) The appellant 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.
(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 of the Indian Penal Code.
(iv) In case, the appellant 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.
(v) 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 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.
Appeal is accordingly allowed.
Order Date :- 27.9.2019 SR