Allahabad High Court
Nasreen Bano vs State Of U.P. Thru. Prin. Secy. Deptt. Of ... on 24 January, 2024
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:7982 Court No. - 13 Case :- CRIMINAL APPEAL No. - 3630 of 2023 Appellant :- Nasreen Bano Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Appellant :- Amrendra Nath Tripathi,Kafiya,Sanjeev Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Rajeev Singh,J.
1. Counter affidavit filed by the learned A.G.A. is taken on record.
As per the counter affidavit filed by the learned A.G.A., notice has already been served on private respondents, but none has put in appearance on their behalf.
2. Heard learned counsel for the appellant and learned A.G.A. for the State.
3. The present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 against the impugned order dated 13.12.2023 passed by Special Judge, SC/ST Act, Raebareli in Bail Application No. 4014 of 2023 arising out of F.I.R. No. 351 of 2023, under Sections 286, 304 I.P.C., Section 5/9B of Explosives Act and Section 3(2)(v) of SC/ST Act, P.S. Sareni, District Raebareli.
4. Learned counsel for the appellant submits that appellant has falsely been implicated in the present case. It is further submitted that the F.I.R. was lodged on the basis of presumption. It is also submitted that the appellant was having valid licence under the provisions of Explosives Act and since term of the same was completed, the process for renewal was going on. However, in the meantime, the incident was taken place, in which, daughter of the appellant as well as other persons received injuries. In the said incident, two persons died. It is next submitted that no alleged offence under the provisions of SC/ST Act is made out. It is lastly submitted that the court below has not considered all these facts while rejecting the bail application and the trial is also not going on. It is, thus, submitted that the impugned order is liable to be set aside and the appellant, who does not have any criminal antecedent and is in jail since 18.11.2023, is entitled for bail. It is also submitted that the appellant is ready to cooperate in the trial.
5. Learned A.G.A. opposes the prayer of the appellant, but he does not dispute the fact that the alleged incident was an accident. He also does not dispute that earlier the appellant was having valid licence under the provisions of the Explosives Act and after completion of the term of licence, renewal of the same was pending.
6. Considering the arguments advanced by the learned counsel for the appellant, learned A.G.A. and going through the contents of the appeal, F.I.R., impugned order as well as other relevant documents, it is evident that appellant was having valid licence under the provisions of the Explosives Act and after completion of the term of licence, renewal of the same was under process. It is also evident that in the meantime, the incident was taken place, in which, daughter of the appellant also received injuries along with others.
7. In view of above facts and circumstances as also keeping in view the fact that the trial of the case is not likely to be concluded in near future, the appeal has substance and it is accordingly, allowed.
8. Impugned order dated 13.12.2023 passed by Special Judge, SC/ST Act, Raebareli in Bail Application No. 4014 of 2023 arising out of F.I.R. No. 351 of 2023, under Sections 286, 304 I.P.C., Section 5/9B of Explosives Act and Section 3(2)(v) of SC/ST Act, P.S. Sareni, District Raebareli is hereby set aside.
9. Let appellant,Nasreen Bano be released on bail in the aforesaid case crime number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following additional conditions :-
(i) The appellant shall file an undertaking to the effect that she will 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 appellant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of his absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code.
(iii) In case, the appellant misuses the liberty of bail during trial and in order to secure her presence, proclamation under Section 82 Cr.P.C. is issued and the appellant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The appellant shall remain present, in person, before the trial court on the dates fixed for 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 her in accordance with law.
Order Date :- 24.1.2024 VKS