Court No. - 71
Case :- CRIMINAL APPEAL No. - 4341 of 2019 Appellant :- Ratan @ Rajat Respondent :- State Of U.P. And Another Counsel for Appellant :- Ashutosh Gupta,Vandana Gupta Counsel for Respondent :- G.A.,Kailash Prasad Pandey
Hon'ble Rajiv Gupta,J.
Learned AGA has filed counter affidavit on behalf of the State, which is taken on record.
Heard learned counsel for the appellant, learned counsel for the first informant, learned A.G.A. for the State and perused the record.
This criminal appeal under Section 14-A(2) of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed challenging the order dated 7.6.2019 passed by Special Judge, SC/ST Act, Mathura in Bail Application No. 1537 of 2019 (Ratan @ Rajat Vs. State of U.P.) in S.S.T. No. 596 of 2019 arising out of Case Crime no. 798 of 2018, under Section 304 IPC and 3(2) V of SC/ST Act, P.S. Raya, District- Mathura, seeking bail in the aforesaid sections.
Learned counsel for the appellant has submitted that appellant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the appellant has next submitted that the incident is alleged to have taken place in the night of 16.12.2018 and the first information report was lodged on 17.12.2018 and on 20.12.2018 an application was moved by the first informant in which it is stated that Gopal, Sachin and Jagdish had murdered the deceased alongwith their two friends. The appellant's name has not been specifically mentioned in the application but subsequently his name has surfaced on the basis of statement of co-accused Gopal. Learned counsel for the appellant has next submitted that no incriminating article has been recovered either at his pointing out or from his possession.
Learned counsel for the appellant has next submitted that similarly placed co-accused Gopal @ Sushil, Sachin and Bhoora have already been granted bail by this Court in Criminal Appeal No. 1730 of 2019 and 1871 of 2019 vide orders dated 14.5.2019. The case of the appellant stands on better footing than that of co-accused, who have already been granted bail by this Court, as such prima facie a case for bail is made out. Lastly, it is submitted appellant is in jail since 18.1.2019 and he has no criminal history to his credit.
Per contra, learned A.G.A. as well as learned counsel for the first informant could not dispute the aforesaid facts and the fact that similarly placed co-accused have already been granted bail by this Court and that the appellant is in jail since 18.1.2019 and has no criminal history to his credit.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, the appeal has substance.
The impugned order dated 7.6.2019 passed by Special Judge, SC/ST Act, Mathura, is set-aside and the bail application of appellant stands allowed.
Let the appellant Ratan @ Rajat be released on bail in Case Crime no. 798 of 2018, under Section 304 IPC and 3(2) V of SC/ST Act, P.S. Raya, District- Mathura, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:-
(i) The 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 appellant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The 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 appellant to prison.
Order Date :- 21.8.2019 KU