Court No. - 59
Case :- CRIMINAL APPEAL No. - 3489 of 2018 Appellant :- Ram Kishan Singh And Another Respondent :- State Of U.P. And Another Counsel for Appellant :- Manvendra Singh Counsel for Respondent :- G.A.,Siya Ram Sahu
Hon'ble Suneet Kumar,J.
Heard learned counsel for appellant, learned Additional Government Advocate for the State-respondent and perused the record.
This criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, has been filed challenging the order dated 4.6.2018 passed by the Additional Sessions Judge/Special Judge (SC/ST Act), Banda in Bail Application No. 42 of 2018 (Ram Kishan singh and another Vs. State of U.P.) arising out of Case Crime No. 5 of 2018, under Sections 302, 504 I.P.C., and 3(2)V SC/ST Act, Police Station Pailani, District Banda, seeking bail in the aforesaid sections.
As per the prosecution case, deceased was subjected to abuse, thereafter, named persons including the applicant caused the death with inflicting injury by stones and bricks; prosecution version was deliberated in the statement under Section 161 Cr.P.C. by the witnesses; postmortem examination report shows one fatal injury and the cause of death is antemortem injury due to throttling; statement of the wife of the deceased was recorded after 17 days stating that his husband was murdered by strangulation. In this backdrop, it is urged that there is contradictions in the prosecution case and the witnesses have taken contradictory stands; subsequent statements of eye witness is afterthought; there is no evidence against the applicant; applicant is in jail since 12.1.2018 having no criminal history. Therefore, this appeal may be allowed.
Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts submitted by learned counsel for the applicant.
Considering the facts and circumstances of the case and the arguments advanced on behalf of both the sides and keeping in view the fact that the trial of the case is not likely to be concluded in near future, the appeal has substance hence, appeal as also bail application filed before the court below are allowed, order dated 15.5.2018 is hereby set aside.
Let appellant, Ram Kishan Singh and Ram Charan Singh be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:
1. The appellant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence, if 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;
2. 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;
3. In case, the appellant misuses the liberty of bail 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.
4. 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
Order Date :- 23.8.2018 Saurabh