Allahabad High Court
Alim vs State Of U.P. And Another on 4 December, 2019
Author: Rahul Chaturvedi
Bench: Rahul Chaturvedi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 67 Case :- CRIMINAL APPEAL No. - 5384 of 2019 Appellant :- Alim Respondent :- State of U.P. and Another Counsel for Appellant :- Pranava Kumar Counsel for Respondent :- G.A.,Awadhesh Kumar Srivastava Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the appellant, 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 18.07.2019 passed by Special Judge, SC/ST Act Rampur, in Bail Application No. 726 of 2019 (Alim Vs. State of U.P), arising out of case crime no. 135 of 2019, under Sections 366, 376 IPC and Section 3 (2) V SC/ST Act, Police Station- Bhot, District- Rampur.
Learned counsel for the appellant has submitted that the FIR was registered by victim herself on 19.05.2019 against the applicant and his parents with the allegations that the appellant Alim had kidnapped the informant and raped her in Aligarh. The age of the victim is 20 years. The statement of victim recorded under section 164 Cr.P.C. in which she has stated that she was in relationship with the appellant for some time and now their is breakup between them. She has supported the prosecution version and but during trial she herself has turned hostile and submitted that she was never ravished by the appellant. The applicant is in jail since 27.05.2019.
Learned A.G.A and learned counsel for the complainant opposed the prayer for bail and could not dispute the aforementioned facts.
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 and taking into account of her age and her testimony before the trial court during trial, I am of the view that the appellant has made out a case for bail.
Let the appellant- Alim, 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 APPELLANT 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 APPELLANT 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 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 IPC.
(iv) IN CASE, THE APPELLANT 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 APPELLANT 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 APPELLANT 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 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 18.07.2019 passed by Special Judge, SC/ST Act Rampur, in Bail Application No. 726 of 2019 (Alim Vs. State of U.P), arising out of case crime no. 135 of 2019, under Sections 366, 376 IPC and Section 3 (2) V SC/ST Act, Police Station- Bhot, District- Rampur, is hereby set aside.
However, learned trial Court is directed to gear up the matter and would make all necessary efforts to conclude the same within six months, from the date of production of certified copy of this order.
Learned counsel for the appellant undertakes that the defence would render all necessary cooperation in the early conclusion of trial.
Order Date :- 4.12.2019 v.k.updh.