Court No. - 53
Case :- CRIMINAL APPEAL No. - 6628 of 2018 Appellant :- Sonu Thatera Respondent :- State Of U.P. And Another Counsel for Appellant :- Nazrul Islam Jafri Counsel for Respondent :- G.A.,Dilendra Pratap Singh
Hon'ble Jayant Banerji,J.
Heard Shri Nazrul Islam Jafri, learned counsel for the appellant, Shri Dilendra Pratap Singh, learned counsel for the opposite party no. 2 and learned Standing Counsel appearing for the State.
This appeal has been filed against the order dated 03.09.2018 passed by the Special Judge, S.C./S.T. Act, Deoria, whereby the bail application of the appellant has been rejected in respect of Case Crime No. 100 of 2018 (Special Trial No. 121 of 2018), State Vs. Sonu Thatera, under Section 302, 201 of I.P.C. and under Section 3(2)(5) of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, P.S. Madanpur, District Deoria.
A counter affidavit filed by Shri D.P. Singh, learned counsel for the opposite party no. 2 is taken on record. Shri Nazrul Islam Jafri, learned counsel for the appellant states that he does not propose to file any rejoinder affidavit to the same.
It is contended by the learned counsel for the appellant that the appellant/applicant was not named in the F.I.R. and only on the basis of the statement made by one Sheesham Madesiya and others, the appellant and another have been made accused for the first time on 19.6.2018 with the same being recorded in the case diary. It is stated that the applicant is not at all involved in the present case as he did not have any motive to commit the alleged crime and the entire prosecution case is based on the suspicion alone. Learned counsel for the appellant has also placed orders passed by this Court being order dated 13.9.2018 in Criminal Appeal No. 4496 of 2018 (Smt. Sheesham Madesiya Vs. State of U.P. and another) and the order dated 21.1.2019 in Criminal Appeal No. 4798 of 2018 (Kanhaiya Yadav Vs. State of U.P. and another), whereby Smt. Sheesham Madesiya and Kanhaiya Yadav respectively were enlarged on bail.
Learned A.G.A. has produced the photocopy of the case diary. Learned counsel for the appellant has also pointed that in the statement of the main accused Kanhaiya Yadav that was recorded by the police under Section 161 Cr.P.C., Kanhaiya Yadav has confessed that he was carrying stick (danda) with which unwittingly he had assaulted the deceased by hitting on his head. Learned counsel has also referred to the post mortem report in which the cause of death was attributed to ante mortem injury on the head.
In view of the facts and circumstances of the case and given the fact that the co-accused are already on bail, the appellant deserves to be enlarged on bail and he is accordingly granted bail.
Let the appellant/applicant Sonu Thatera be released on bail in Case Crime No. 100 of 2018, under Section 302, 201 of I.P.C. and under Section 3(2)(5) of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, P.S. Madanpur, District Deoria on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned. In case of breach of any of the conditions mentioned above, an application can be filed before this Court to cancel the bail.
This appeal is, accordingly, allowed.
Order Date :- 27.2.2019 A. V. Singh (Jayant Banerji,J.)