Since both the aforesaid criminal appeals arise out of same case crime number and same judgment and order, therefore, both the aforesaid appeals are being disposed of by a common order.
In pursuance of order dated 19.03.2021 notice was sent to opposite party no. 2 but no one has put in appearance on his behalf.
Heard learned counsel for the applicants/appellants, learned A.G.A. 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 impugned order dated 19.02.2021 passed by learned Special Judge, (SC/ST Act), Hardoi, in Bail Application No. 400 of 2021 (Shalini Gupta and another Vs. State of U.P.) arising out of Case Crime No.623 of 2029, under Sections 147, 148, 149, 323, 326, 506, 506 & 302 IPC and Section 3 (2) (V), 3 (2) (v-a) and 3 (1) (r) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, Police Station Kotwali City, District Hardoi. Bail Application No. 400 of 2021 of the applicant has been rejected vide impugned order dated 19.02.2021.
Learned counsel for appellants has submitted that the appellants are innocent and have falsely been implicated in the aforesaid crime. Further submission is that FIR of this case was lodged by complainant Ajay Pal, who is the uncle of the deceased - Monu. Learned counsel for appellant has further submitted that the complainant is not the eyewitness of the incident. Next submission is that no specific role has been mentioned in the FIR against the appellants. Initially FIR of this case was lodged under Sections 147, 148, 149, 307, 323, 326, 504 & 506 IPC and Section 3 (2) (v) of the SC/ST Act. During investigation, statement of injured (now deceased) was recorded by the Investigating Officer in which the name of the appellants were not disclosed by the deceased and the said statements were treated as dying declaration.
Learned counsel for appellants has further submitted that co-accused Satyam has already been granted bail by this Court vide order dated 28.07.2021 passed by this Court in Criminal Appeal No. 340 of 2020. The appellants are in jail since 17.09.2019. The applicants have no criminal history. Learned counsel for the applicants has further submitted that if the applicants are released on bail, they would not misuse liberty of bail and is ready to co-operate in the trial.
Learned A.G.A. for the State vehemently opposed the prayer for bail and has submitted that there is no illegality in the impugned order, hence the applicants are not entitled for bail and the appeals are liable to be dismissed.
After hearing the rival submissions of the parties, and perused the record, without expressing any opinion on merits, I fine that it is a fit case for grant of bail of appellant/applicant.
Impugned order dated 19.02.2021 is hereby set aside.
Both the aforesaid appeals are hereby allowed.
Let appellants (Shalini Gupta alias Dali Gupts and Shivani Gupta) be enlarged on bail in the aforesaid case crime number on their furnishing a personal bond 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 applicants shall not tamper with the evidence of witnesses and shall not commit any offence.
(ii) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
(iv) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(v) The applicants 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 applicants 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 them in accordance with law.
(vi) The accused/appellants shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(viii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 18.8.2021 Virendra