Court No. - 71
Case :- CRIMINAL APPEAL No. - 3664 of 2019 Appellant :- Yudhveer Singh Respondent :- State Of U.P. And Another Counsel for Appellant :- Ronak Chaturvedi,Sri Anurag Khanna, Sr. Adv Counsel for Respondent :- G.A.
Hon'ble Rajiv Gupta,J.
Rejoinder affidavit filed today is taken on record.
Heard learned counsel for the appellant, learned A.G.A. for the State and perused the 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 8.5.2019 passed by Addl. Sessions Judge-II/Special Judge, SC/ST Act, Gautam Budh Nagar in Bail Application nos. 2167 of 2019 and 2071 of 2019 (Yudhveer Singh Vs. State of U.P.), arising out of Case Crime no. 76 of 2019, under Section 332 IPC and 3(2)(V-Ka) of SC/ST Act, P.S. Eco Tech-III, District- Gautam Budh Nagar, seeking bail in the aforesaid sections.
In para- 3 of the counter affidavit filed on behalf of the State by Circle Officer, Dadari, District- Gautam Budh Nagar, it has been stated that the notice regarding filing/pendency of the present criminal appeal filed by accused appellant Yudhveer has been duly received by the first informant, a copy of which has been annexed as Annexure-C.A-1 to the counter affidavit, however despite service of notice, none has appeared.
Learned counsel for the appellant has submitted that in respect of the present incident, earlier the case was registered under Sections 342, 307, 353, 435, 395, 509, 354, 34 225, 216IPC and 3(2)(V-Dha) of SC/ST Act. In the said sections during the course of investigation the appellant had filed Bail Application No. 1077 of 2019 which was rejected by the court below vide order dated 19.3.2019. Against the said order, the appellant had filed Criminal Appeal No. 2439 of 2019. The said criminal appeal was allowed vide order dated 24.4.2019 and the appellant was directed to be released on bail under the aforesaid sections. However, after conclusion and submission of charge sheet, section 332 IPC was further added and in place of 3(2)(V-Dha), Section 3(2)(V-Ka) was replaced. Learned counsel for the appellant has next submitted that in the present case crime the appellant had already been released on bail vide order dated 24.4.2019 and on the addition and alteration of section, his bail application was rejected vide order dated 8.5.2019. Learned counsel for the appellant has next submitted that even in the said sections the appellant has already been granted interim bail vide order dated 17.5.2019, which he has not misused. Learned counsel for the appellant has next submitted that the appellant has already been released on bail in other sections earlier and the injury caused to the victim are on the non vital part, which are simple in nature, as such prima facie a case for bail is made out.
Per contra, learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid facts.
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.
The impugned order dated 8.5.2019 passed by Addl. Sessions Judge-II/Special Judge, SC/ST Act, Gautam Budh Nagar, is set-aside and the bail application of appellant stands allowed.
Let the appellant Yudhveer Singh be released on bail in the aforesaid case crime number on his 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 :- 31.7.2019 KU