Court No. - 71
Case :- CRIMINAL APPEAL No. - 4715 of 2019 Appellant :- Vikas Respondent :- State Of U.P. And Another Counsel for Appellant :- Atul Kumar Counsel for Respondent :- G.A.,Sumit Goyal
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the appellant, Sri Sumit Goyal, learned counsel for the first informant, learned A.G.A. for the State and perused the material on record.
This criminal appeal under Section 14 A(2) of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed challenging the order dated 9.4.2019 passed by learned A.D.J. Court No. 2/Special Judge (SC/ST) Act, Saharanpur in Case Crime No. 97 of 2019, under Section 302, 201 I.P.C. and Section 3(2)(V) of SC/ST Act, P.S. Kutubsher, District-Saharanpur, seeking bail in the aforesaid sections.
Learned counsel for the appellant submitted that the applicant is not named in the First Information Report and his name came into light for the first time in the statement of co-accused Chandra. No incriminating article or material has been recovered from the present accused appellant either on his pointing out or from his possession. The First Information Report was lodged on 13.2.2019 with the allegation that the deceased Ramesh Kumar had gone with Pappu and Chandra and thereafter he was murdered. He has further submitted that the applicant has been falsely implicated in the present case due to ulterior motive. The postmortem examination report of the deceased shows lacerated wound 11 cm. x 5 cm. x spine deep, 2 cm below mastoid on left side of neck and lacerated wound 4 cm. x 0.5 cm. x bone deep on front of chest. He lastly submitted that the appellant is in jail since 15.2.2019 and has no criminal antecedents to his credit and is entitled to be enlarged on bail during pendency of the trial.
Per contra learned A.G.A. as well as learned counsel for the first informant has vehemently opposed the prayer for bail, but could not dispute the aforesaid facts and the fact that similarly placed co-accused Sunil has already been granted bail by this Court in Criminal Appeal No. 3325 of 2019 vide order dated 28.5.2019 and that the appellant is in jail since 15.2.2019 and has no criminal history to his credit.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, the appeal has substance. Accordingly, the appeal is allowed.
The impugned order dated 9.4.2019 passed by learned A.D.J. Court No. 2/Special Judge (SC/ST) Act, Saharanpur, is set-aside and the bail application of appellant stands allowed.
Let the appellant Vikas be released on bail in Case Crime No. 97 of 2019, under Section 302, 201 I.P.C. and Section 3(2)(V) of SC/ST Act, P.S. Kutubsher, District-Saharanpur, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:-
(i) The appellant 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 appellant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The appellant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the appellant to prison.
Order Date :- 30.9.2019 KU