Court No. - 67
Case :- CRIMINAL APPEAL No. - 6195 of 2019 Appellant :- Samrendra Respondent :- State of U.P. and Another Counsel for Appellant :- Anup Kumar Pandey Counsel for Respondent :- G.A.,Vineet Kumar Singh
Hon'ble Rahul Chaturvedi,J.
Heard Sri Anup Kumar Singh, learned counsel for the appellant, Sri Vineet Kumar Singh, learned counsel for the complainant as well as learned A.G.A for the State and perused the record.
This criminal appeal under Section 14 A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "S.C./S.T. Act") has been filed for setting-aside the bail rejection order dated 31.08.2019 passed by Special Judge, SC/ST Act, Maharajganj in Bail Application No.1106 of 2019 (Samrendra Vs. State of U.P) arising out of case crime no.311 of 2017, under Sections 147, 323, 504, 506 and 325 I.P.C. and Section 3(1) (D) of S.C.& S.T. Act, Police Station Sonauli, District Maharajganj.
It is submitted by learned counsel for the appellant that the appellant has falsely been implicated in the present case due to ulterior motive. General role has been attributed to all the accused persons. No specific role has been assigned against the appellant.
It is further submitted that co- accused Jitendra, Dinesh Lodh and Chinki @ Kali have already been enlarged on bail vide orders of co-ordinate Bench of this Court dated 26.09.2019, 27.09.2019 and 07.11.2019 in Criminal Misc. Bail Application Nos.36786 of 2018, 37032 of 2018 and 4587 of 2019 respectively. Case of the present applicant is similar footing with the co-accused. Therefore, the appellant is also entitled to be released on bail on the ground of parity. The appellant is in jail since 03.08.2019.
Learned A.G.A as well as learned counsel for the complainant opposed the prayer for bail and submitted that the appellant is named in the F.I.R. He has five criminal history.
The submission made by learned counsel for the appellant, prima facie, is quite appealing and convincing for the purpose of bail only.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the appellant has made out a case for bail.
Let the appellant Samrendra be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) THE APPELLANT WOULD FULLY COOPERATE IN THE CONCLUSION OF TRIAL WITHIN ONE YEAR AND ANY TEMPERING OR WILLING TACTICS ON THE PART OF THE APPELLANT TO DELAY THE TRIAL WOULD WARRANT THE AUTOMATIC CANCELLATION OF BAIL.
(ii) THE APPELLANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE 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 IPC.
(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., MAY BE ISSUED AND IF APPELLANT 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 IPC.
(v) THE APPELLANT SHALL REMAIN PRESENT, IN PERSON, BEFORE THE TRIAL COURT ON DATES FIXED FOR (1) OPENING OF THE CASE, (2) FRAMING OF CHARGE AND (3) RECORDING OF STATEMENT UNDER SECTION 313 CR.P.C. IF IN THE OPINION OF THE TRIAL COURT ABSENCE OF THE APPELLANT 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.
However, it is made clear that any wilful violation of above conditions by the appellant, will have serious repercussion on his bail so granted by this court.
Accordingly, the appeal succeeds and the same stands allowed. Impugned order dated dated 31.08.2019 passed by Special Judge, SC/ST Act, Maharajganj is hereby set aside.
Order Date :- 18.12.2019 Asha