Court No. - 59
Case :- CRIMINAL APPEAL No. - 6742 of 2017 Appellant :- Sarfaraz @ Raja Respondent :- State Of U.P. & Another Counsel for Appellant :- Sharad Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for appellant, learned Additional Government Advocate for the State-respondent and perused the paper book.
This criminal appeal under Section 14A(2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed against the order dated 1.11.2017 passed by the Special Judge (SC/ST Act)/Additional Sessions Judge, Kanpur Nagar in Bail Application No. 2822 of 2017 arising out of Case Crime No. 250 of 2017 under Sections 302, 201, 120B IPC and Section 3(2)(5) of S.C./S.T. (PA) Act, Police Station- Barra, District Kanpur Nagar seeking bail in the aforesaid sections.
It is urged that all the co-accused, namely, Jitendra Maurya, Deepak Dwivedi and Manoj Sachan have already been enlarged on bail vide order of different coordinate Benches of this Court; the other co-accused have confessed their guilt; name of the appellant has surfaced in the confessional statement of co- accused; there is no legal evidence against the appellant and the circumstantial evidence does not link the appellant to the offence; appellant has been falsely implicated in the present case; appellant having no other report criminal antecedent is languishing in jail since 2.7.2017, therefore, this appeal may be allowed.
Per contra, learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the appellant.
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 1.11.2017 is hereby set aside.
Let appellant, Sarfaraz @ Raja, 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 :- 26.7.2018 S.Prakash