Counter affidavit filed by learned AGA today, is taken on record.
Heard learned counsel for the appellant, learned AGA 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 4.9.2019 passed by Special Judge, SC/ST Act, Ambedkar Nagar in Bail Application No. 161 of 2019, arising out of Case Crime No. 5 of 2016, under Sections 323, 325, 308 IPC and Section 3(1) X SC/ST Act, Police Station Ahirauli, District Ambedkar Nagar. The Presiding Officer has rejected the bail application of the appellant vide impugned order dated 4.9.2019.
Learned counsel for the appellant has argued that the co-accused against whom the main role was alleged has already been enlarged on bail vide orders dated 18.10.2016 and 25.10.2016. Copies of the bail orders have already been filed on record as Annexures 10 and 11 to the bail application. It was lastly argued that the appellant is also entitled to the benefit of the said bail orders as granted to the co-accused on the ground of parity. The appellant is in jail since 28.8.2019.
Considering the submissions made at the bar, 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-Rinku Singh @ Ankur Singh @ Pradeep Singh, 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 :- 30.9.2019 Puspendra