Court No. - 74
Case :- CRIMINAL APPEAL No. - 1734 of 2021 Appellant :- Rizvan Respondent :- State Of U.P.And Another Counsel for Appellant :- Amit Kumar Srivastava,Azad Khan Counsel for Respondent :- G.A.
Hon'ble Subhash Chand,J.
Vakalatnama filed today by Shri Vijay Singh Rathore, learned counsel on behalf of respondent no. 2. The same is taken on record.
Heard learned counsel for the appellant, learned Additional Government Advocate for the State-respondent and perused the paper book.
This criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, has been filed challenging the order dated 12.03.2021, passed by the Special Judge (SC/ST Act), Jalaun, arising out of Case Crime No.0033 of 2021, under sections 147, 379, 504, 506, 427 I.P.C. and 3(1) Da, 3(1) Dha Schedule Caste and Schedule Tribe Act, P.S. Jalaun, District Jalaun, seeking bail in the aforesaid sections.
The facts giving rise to the present appeal may be summarized as under:
Learned counsel for the appellant in support of his prayer for bail submits that the impugned order of the court's below is illegal and perverse. The court's below has not appreciated the evidence available on record in proper perspective. It is further submitted that Learned counsel for the applicant has submitted that the applicant/appellant has been falsely implicated in this case. The fact is that respondent no. 2 along with her husband and other persons were encroaching the land of kabristan which was opposed by the appellant and his brother and complaint was also moved in this regard by the appellant. A civil suit no. 56 of 2020 is pending in the court of C.J (J.D), Jalaun. The entire story is concocted, the appellant is innocent and criminal history has been explained in para-14 to 18 of the affidavit filed in support of this bail application.
Learned counsel for the informant vehemently opposed the contentions made by the learned counsel for the applicant/appellant and contended that there are seven cases in criminal history against the appellant and he has explained criminal history of only six cases.
The learned counsel for the appellant has submitted that in para- 8 of the rejoinder affidavit, the appellant has stated that in the seventh case also the applicant/appellant is on bail.
In view of the submissions made and keeping in view the nature of the offence, it is a fit case for bail.
Considering the facts and circumstances of the case and the arguments advanced on behalf of both the sides, the appeal has substance, hence the appeal is allowed and the order dated 12.03.2021 is hereby set aside.
Let appellant, Rizvan, be released on bail in Case Crime No. 0033 of 2021, under Sections 147, 379, 504, 506, 427 I.P.C. and 3(1) Da, 3(1) Dha Schedule Caste and Schedule Tribe Act, P.S. Jalaun, District Jalaun, 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:
(i). 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;
(ii). 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;
(iii). 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.
(iv) 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 :- 24.8.2021 PS