Allahabad High Court
Dilbagh Singh Alias Bagga vs State Of U.P. & Anr. on 5 December, 2019
Author: Anant Kumar
Bench: Anant Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 15 Case :- CRIMINAL APPEAL No. - 1329 of 2019 Appellant :- Dilbagh Singh Alias Bagga Respondent :- State Of U.P. & Anr. Counsel for Appellant :- Nadeem Murtaza,Riya Ghosh,Sudhanshu Shekhar Tripath Counsel for Respondent :- Govt. Advocate,Ratnesh Trivedi Hon'ble Anant Kumar,J.
Heard learned counsel for the appellant, learned A.G.A. for the State as well as learned counsel for the complainant/victim and perused the record.
This criminal appeal has been filed by the appellant against impugned order dated 20.06.2019, passed by the 2nd Additional Sessions Judge/Special Judge, SC/ST Act, Lakhimpur Kheri in First Bail Application No.118 of 2019, Computer Regd. No.1404 of 2019 (Dilbag Singh @ Bagha Versus State), in S.T. No.38 of 2019, arising out of Case Crime No.165 of 2018, under Sections 364, 302, 201, 34 IPC and Section 3 (2) (5) of SC/ST Act, Police Station Singahi, District Lakhimpur Kheri. Further a prayer has been made to enlarge the appellant/applicant on bail in the said case crime.
The submission of learned counsel for the appellant/ applicant is that co-accused Irfan and Gaya Prasad have already been granted bail by this Court vide order dated 17.07.2019 and 17.10.2019, passed in Criminal Appeal No.680 of 2019 and Criminal Appeal No.1328 of 2019. It is further submitted that the case of the appellant stands on the better footing than the case of co-accused as there is no recovery from the possession of the appellant. Body of the alleged deceased has yet not been recovered and only on the ground of suspicion appellant has been arrested.
Learned A.G.A. as well as learned counsel for the complainant/victim have opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the appellant/accused-applicant.
Accordingly, the appeal is allowed and impugned order dated 20.06.2019, passed by the 2nd Additional Sessions Judge/Special Judge, SC/ST Act, Lakhimpur Kheri in First Bail Application No.118 of 2019, Computer Regd. No.1404 of 2019 (Dilbag Singh @ Bagha Versus State), in S.T. No.38 of 2019, arising out of Case Crime No.165 of 2018, under Sections 364, 302, 201, 34 IPC and Section 3 (2) (5) of SC/ST Act, Police Station Singahi, District Lakhimpur Kheri is set aside.
Let appellant/applicant (Dilbagh Singh alias Bagga) 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 Magistrate/court concerned, subject to following additional conditions :-
(i) The appellant/applicant 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 appellant/applicant 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 appellant/applicant 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 appellant/applicant 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 :- 5.12.2019 ML/-