Heard learned counsel for the appellant, learned A.G.A. for the State and perused the record.
By means of present criminal appeal, the appellant has prayed that this Hon'ble Court may graciously be pleased to set aside the impugned order dated 29.7.2020, passed by learned Special Judge, (SC/ST P.A.) Act, Hardoi in Bail Application No.1143 of 2020, moved by the appellant in Case Crime No.460/2018, under Sections - 302, 307, 323, 504, IPC and 3 (2) (5) SC/ST Act, relating to Police Station - Kotwali Dehat, District - Hardoi.
According to the version of the first information report on 03.11.2018 Ram Kripal son of the complainant Ram Kishan, was cutting the wire touching the branch of the tree and on this applicant Guddu along with others started hurling expletives on him. When Ram Kripal opposed the same then the applicant Guddu opened fire at him and when the complainant tried to intervene they he also hit on his head.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated due to village 'partibandi' and enmity related to election for the post of Pradhan. It is also submitted that an old court case was also pending between the applicant and the complainant. Further submission is that there is no independent witness of the incident and a false FIR has been lodged against the applicant in collusion with the police of concerned police station. There is a contradiction in medical report and version of the FIR and the applicant is liable to be released on bail.
Learned A.G.A has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by learned counsel for the accused-applicant.
In view of above, the order impugned passed by the court below is liable to be set aside.
Accordingly, the criminal appeal is allowed. Order dated 29.7.2020 passed by learned Special Judge, (SC/ST Act), Hardoi in Bail Application No.1143/2020, moved by the appellant in Case Crime No.460/2018, under Sections 302, 307, 323, 504, IPC and 3 (2) (5) SC/ST Act, relating to Police Station Kotwali Dehat, District - Hardoi, is set aside.
Let applicant/ appellant (Yash Pal Singh @ Guddu) 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 subject to following additional conditions, which are being imposed in the interest of justice:-
(i) The applicant/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.
(ii) The applicant/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 applicant/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 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 applicant/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 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.
Order Date :- 24.8.2021 mks