Court No. - 59
Case :- CRIMINAL APPEAL No. - 3791 of 2018 Appellant :- Sushil Respondent :- State Of U.P. And Another Counsel for Appellant :- Ram Krishna Chaurasia 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 17.5.2018 passed by the Additional Sessions Judge/Special Judge (SC/ST Act), Banda in Bail Application No. 29 of 2018 arising out of Case Crime No. 124 of 2017 under Sections 304, 323, 504, 506 IPC and Section 3(2)(5) of S.C./S.T. Act, Police Station- Baberu, District Banda seeking bail in the aforesaid sections.
As per the prosecution case, the deceased was not permitted by the appellant and co-accused Ram Bhawan to take water from the public handpump; appellant and co-accused chased the deceased to his house, co-accused Ram Bhawan assaulted the deceased with axe (kulhadi); prosecution version is supported by the postmortem report and in the statement of witnesses recorded under Section 161 Cr.P.C. role of assault and causing injury has been specifically assigned to co-accused Ram Bhawan; 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 14.2.2018, 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 17.5.2018 is hereby set aside.
Let appellant, Sushil, 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 :- 25.9.2018 S.Prakash