Heard learned counsel for the applicant/appellant, 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 10.02.2020 passed by Special Judge, (SC/ST Act), Gonda in bail application 148 of 2020 arising out of Case Crime No. 661 of 2018, under Sections 366-A IPC and Section 3(2)(5A) of SC/ST Act, Police Station- Kotwali Nagar, District- Gonda, whereby the bail application of the appellant/applicant has been rejected.
Learned counsel for appellant submits that the appellant is innocent and has falsely been implicated in the aforesaid crime. Learned counsel further submits that initially the F.I.R. against the appellant was lodged under Section 363 IPC, in which the appellant has already been granted bail by the Sessions Court vide order dated 22.10.2018. During investigation, the investigating officer filed charge-sheet against the appellant under Sections 363, 366-A IPC and 3(1)(5A) of SC/ST Act. Further submission is that as per statement of the victim recorded under Section 164 Cr.P.C., there is no allegation of forceful kidnapping by the appellant. Learned counsel further submits that apart from this case, one case was against the appellant in which the appellant has already been granted bail by learned trial court.
Learned counsel for the appellant submits that presently the appellant is in jail since 21.01.2020. Learned counsel further submits that if the appellant is released on bail, he would not misuse liberty of bail and is ready to co-operate in the trial.
Learned A.G.A. for the State has vehemently opposed the prayer for bail and has submitted that the offence is serious in nature and appellant has no ground to release on bail and the bail application is liable to be rejected.
After hearing the rival submissions of the parties, and perused the record, without expressing any opinion on merits, I find that it is a fit case for grant of bail of appellant/applicant.
Impugned order dated 10.02.2020 is hereby set aside.
The appeal is hereby allowed.
Let appellant- Suresh Verma be enlarged on bail in the aforesaid case crime number on his 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 appellant shall not tamper with the evidence of witnesses and shall not commit any offence.
(ii) 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.
(iii) The appellant shall remain present before the trial court on each date fixed, either personally or through her 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.
(iv) 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 appellant 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.
(v) 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 appellant 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.
(vi) The accused/appellant 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 SK/-