Court No. - 59
Case :- CRIMINAL APPEAL No. - 2781 of 2018 Appellant :- Shankar Respondent :- State Of U.P. And Anr.
Counsel for Appellant :- Garun Pal Singh,Vikas Sharma 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 record.
This criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, has been filed challenging the order dated 10.5.2018, passed by the learned Additional Session Judge, Court No. 2 District Mathura in Bail Application No.586 of 2018 (State vs. Shanker) arising out of Case Crime No.290 of 2017, under Sections302, 120-B, 504, 506 I.P.C. and 3(2)5 SC/ST Act, Police Station-Surir, District-Mathura, seeking bail in the aforesaid sections.
It is urged that co-accused Shiv Kumar and Gopal Swaroop Pandit have already been enlarged on bail by the co-ordinate Benches of this court; copy of bail orders are placed on record; learned counsel for the appellant submits that six persons were named in the F.I.R., whose names were subsequently exonerated by the Investigating Officer during investigation; name of the appellant surfaced in the statement of Than Singh who is not eyewitness; statement of Than Singh is based on hearsay evidence; recovery of fire arm was shown from the possession of the appellant on arrest; appellant has no criminal antecedent; appellant is in jail since 9.1.2018. Therefore, this appeal may be allowed.
On behalf of the State these arguments have been repelled.
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 10.5.2018 is hereby set aside.
Let appellant, Shankar 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 :- 20.9.2018 Saurabh