Court No. - 23
Case :- CRIMINAL APPEAL DEFECTIVE No. - 845 of 2017 Appellant :- Shekhar Respondent :- State Of U.P. & Another Counsel for Appellant :- Mohit Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Mrs. Rekha Dikshit,J.
This criminal appeal under section 14-A(2) of SC/ST (Prevention of Atrocities) Act, has been filed challenging the order dated 14.9.2017 passed by Additional Sessions Judge / Special Judge (SC/ST Act), Meerut, in Bail Application No.3990 of 2017, Case Crime No.197 of 2016, under Sections 363, 366, 420, 354, 342 I.P.C and Section 3(2)(V) SC/ST Act, Police Station - Bahsuma, District - Meerut, seeking bail in the aforesaid sections.
Learned counsel for appellant in support of his prayer for bail submits that the impugned order of the court below is illegal and perverse. The court below has not appreciated the evidence available on record in proper perspective. It is further submitted that no offence under the aforesaid section is made out against the appellant.
On behalf of the State these arguments have repelled.
Considering the facts and circumstances of the case and the arguments advanced on behalf of both the side and keeping in view the fact that the trial of the case is not likely to be concluded in near future, hence the appeal has substance and it is accordingly allowed and the order dated 14.9.2017 is set aside.
Let appellant Shekhar in pending appeal, be released on bail in Case Crime No.197 of 2016, under Sections 363, 366, 420, 354, 342 I.P.C and Section 3(2)(V) SC/ST Act, Police Station - Bahsuma, District - Meerut,, 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 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.
(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 during trial 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 absence of the applicant 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.
Order Date :- 30.4.2018 KR