Court No. - 59
Case :- CRIMINAL APPEAL No. - 2618 of 2018 Appellant :- Sudesh Kumar Respondent :- State Of U.P. And Another Counsel for Appellant :- Gaurav Kakkar 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 2.5.2018 passed by the Additional Sessions Judge, Court No. 2, Bijnor in Bail Application No. 674 of 2018 arising out of Case Crime No. 28 of 2018 under Sections 302, 120B IPC and Section 3(2)(5) of S.C./S.T. Act, Police Station- Badhapur, District Bijnor seeking bail in the aforesaid sections.
As per the prosecution case, it is alleged that the deceased had given Rs. 10 lakh to the accused persons including the appellant for procuring job of his son, thereafter, no job was provided to the son of the deceased; deceased left his house on motorcycle to obtain the advanced money; information was received that the body of the deceased was found on the road. It is submitted that the only evidence against the appellant is of last seen of two witnesses who are relatives of the deceased which came into the light after one and half months; the documents brought on record clearly shows that it is case of an accident; site plan shows that the body and the motorcycle was found 20 feet down from the road; technical report also suggest that it was an accident, injury is on the head; helmet and side lights of the motorcycle were also found crushed; in this backdrop, it is urged that it is a case of accident and not of murder; there is no legal evidence to implicate the appellant and the circumstantial evidence does not link the appellant to the offence; appellant having no other report criminal antecedent is languishing in jail since 26.03.2018, 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 2.5.2018 is hereby set aside.
Let appellant, Sudesh Kumar, 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 :- 25.7.2018 S.Prakash