Allahabad High Court
Nathu Alias Shambho And 2 Others vs State Of U.P. And Another on 16 December, 2019
Author: Rahul Chaturvedi
Bench: Rahul Chaturvedi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 67 Case :- CRIMINAL APPEAL No. - 6272 of 2019 Appellant :- Nathu Alias Shambho And 2 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Praveen Kumar Counsel for Respondent :- G.A.,Amit Kumar Srivastava Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the appellants, learned counsel for the complainant as well as learned A.G.A for the State and perused the record.
This criminal appeal under Section 14 A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 2015 (in short "S.C./S.T. Act") has been filed for setting-aside the bail rejection order dated 13.09.2019 passed by Special Judge, SC/ST Act Amroha, in Bail Application No. 1439 of 2019 (CNR No.-UPJB010043112019 (Nathu and others Vs. State of U.P), arising out of case crime no. 243 of 2019, under Sections 323, 324, 504, 308 IPC and Section 3 (1 (d) (dh) SC/ST Act, Police Station- Adampur, District- Amroha.
It is submitted by learned counsel for the appellant that the FIR was got registered by the brother of victim under the aforesaid sections of I.P.C. and SC/ST Act, on 27.07.2019 against the applicants with the allegation that they have caused injuries to as many as four persons.
Learned counsel for the appellants has submitted that the general role of causing injuries have been assigned to all the appellants. The appellants are languishing in jail since 05.09.2019.
Learned A.G.A and learned counsel for the complainant opposed the prayer for bail and could not dispute the aforementioned facts.
I have examined the injury reports of the injured namely; Vinod, Rajesh, Indrajeet and Ram Prasad. All the injured persons had sustained injuries on their head. Though all the injuries are simple in nature. The injury report of Indrajeet shows that injury no. 1 kept under observation and in the supplementary report of Indrajeet dated 07.08.2019 shows that he had sustained fracture on the left side on parietal bone of left side of skull. From the FIR, all the accused-appellants were attributed the role of wielding their lathi danda in the incriminating fashion and as such it could not be ascertained that who is the author of this unfortunate fracture on the head of Indrajeet.
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 appellant has made out a case for bail.
Let the appellants- Nathu @ Shambho, Monti and Harpal, be released on bail in the aforesaid case crime number on their 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 APPELLANTS 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 APPELLANTS 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 APPELLANTS 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 APPELLANTS 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 APPELLANTS FAILS TO APPEAR BEFORE THE COURT ON THE DATE FIXED IN SUCH PROCLAMATION, THEN, THE TRIAL COURT SHALL INITIATE PROCEEDINGS AGAINST THEM, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.
(v) THE APPELLANTS 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 APPELLANT 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 willful violation of above conditions by the appellants, shall have serious repercussion on his bail so granted by this court.
Accordingly, the appeal succeeds and the same stands allowed. Impugned order dated 13.09.2019 passed by Special Judge, SC/ST Act Amroha, in Bail Application No. 1439 of 2019 (CNR No.-UPJB010043112019 (Nathu and others Vs. State of U.P), arising out of case crime no. 243 of 2019, under Sections 323, 324, 504, 308 IPC and Section 3 (1 (d) (dh) SC/ST Act, Police Station- Adampur, District- Amroha, is hereby set aside.
Order Date :- 16.12.2019 v.k.updh.