Court No. - 67
Case :- CRIMINAL APPEAL No. - 6493 of 2019 Appellant :- Vinit Sharma Respondent :- State Of U.P. And Anr. Counsel for Appellant :- P.K. Singh Counsel for Respondent :- G.A.
Hon'ble Rahul Chaturvedi,J.
Counter affidavit filed by learned A.G.A today in the Court is taken on record.
Heard learned counsel for the appellant as well as learned A.G.A for the State and perused the record. Despite of the notice served upon opposite party no.2, no one has turned on his behalf. With the aid and help of learned A.G.A., this appeal is being decided.
This criminal appeal under Section 14A(2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "S.C./S.T. Act") has been filed for setting-aside the bail rejection order dated 28.08.2019 passed by learned Special Judge, SC/ST Act, Kanpur Nagar in Bail Application No.2589 of 2019 arising out of case crime no.118 of 2019 under Sections 302/34, 201 IPC and Section 3(2)(5) of SC/ST Act, Police Station-Bithoor, District-Kanpur Nagar(Vinit Sharma Vs. State of U.P.).
Submission made by learned counsel for the appellant is that the only sin committed by the applicant is that he has offered his motorcycle to carry the deceased. The next contention is that one Sonu Kureel, with whom the deceased was in relationship, has already been granted bail by co-ordinate Bench of this Court on 28.11.2019 in Criminal Misc. Bail Application No.45657 of 2019, copy of which is produced for perusal. In this continuation, parity has also been claimed by saying that the case of the appellant stands on better footing than the abovesaid accused person. The appellant is languishing in jail since 02.08.2019.
Learned A.G.A opposed the prayer for bail.
The submission made by learned counsel for the appellant, prima facie, is quite appealing and convincing for the purpose of bail only.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a fit case for bail.
Let the appellant-Vinit Sharma, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) THE APPLICANT WOULD FULLY COOPERATE IN THE CONCLUSION OF TRIAL WITHIN ONE YEAR AND ANY TEMPERING OR WILLING TACTICS ON THE PART OF THE APPLICANT TO DELAY THE TRIAL WOULD WARRANT THE AUTOMATIC CANCELLATION OF BAIL.
(ii) THE APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE 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 APPLICANT 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 IPC.
(iv) IN CASE, THE APPLICANT MISUSE THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HIS PRESENCE PROCLAMATION UNDER SECTION 82 CR.P.C., MAY BE ISSUED AND IF 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 IPC.
(v) THE APPLICANT SHALL REMAIN PRESENT, IN PERSON, BEFORE THE TRIAL COURT ON DATES FIXED FOR (1) OPENING OF THE CASE, (2) FRAMING OF CHARGE AND (3) RECORDING OF STATEMENT UNDER SECTION 313 CR.P.C. IF IN THE OPINION OF THE TRIAL COURT ABSENCE OF THE APPLICANT 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.
However, it is made clear that any wilful violation of above conditions by the appellant, shall have serious repercussion on his bail so granted by this court.
Accordingly, the appeal succeeds and the same stands allowed. Impugned order dated 28.08.2019 passed by learned Special Judge, SC/ST Act, Kanpur Nagar, is hereby set aside.
Order Date :- 18.12.2019 Sumit S