Court No. - 74
Case :- CRIMINAL APPEAL No. - 6824 of 2019 Appellant :- Upendra Singh @ O.P. Singh Respondent :- State of U.P. and Another Counsel for Appellant :- Ishwar Kumar Upadhyay Counsel for Respondent :- G.A.,Ram Kirshna Yadav
Hon'ble Subhash Chand,J.
Heard learned counsel for the appellant, learned Additional Government Advocate for the State-respondent and perused the paper book.
This criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, has been filed challenging the order dated 04.10.2019 passed by the Special Judge (SC/ST Act)/Additional District Judge, Ballia arising out of Case Crime No.277 of 2019, under sections 307, 504 IPC and Section 3 (2)(V) SC/ST Act, P.S. Bairia, District Ballia, seeking bail in the aforesaid sections.
The facts giving rise to the present appeal may be summarized as under:
Learned counsel for the appellant in support of his prayer for bail submits that the impugned order of the court's below is illegal and perverse. The court's below has not appreciated the evidence available on record in proper perspective. It is further submitted that the belated F.I.R. of this case was lodged at 2.14 PM, while the occurrence took place at 8.00 AM. The appellant has no criminal history. In the counter affidavit filed on behalf of the prosecution, the criminal history has been shown against the appellant. The appellant has explained the criminal history in paragraph no.7 of the supplementary affidavit, in which, the appellant is already on bail. It is also submitted that the injury is simple in nature.
Learned counsel for the informant and learned A.G.A. have vehemently opposed the contention of learned counsel for the appellant by contending that the injury caused is by sharp edged weapon i.e. knife, which is on vital part, the appeal deserves to be dismissed.
The injury report of injured Ravindra Nut is annexed as Annexure No.1 to the supplementary affidavit, in which one incised wound is shown at the left side of middle back of chest. X-ray of the same was advised and in X-ray report, opinion of Radiologist is NAD. The injuries are simple in nature.
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 appellant is in jail since01.09.2019. The appeal is allowed and the order dated 04.10.2019 is hereby set aside.
Let appellant, Upendra Singh @ O.P. Singh, be released on bail in Case Crime No.277 of 2019, under sections 307, 504 IPC and Section 3 (2)(V) SC/ST Act, P.S. Bairia, District Ballia, 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, 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;
(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 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 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 :- 24.8.2021 AK Pandey