Allahabad High Court
Iliyas vs State Of U.P. & Others on 23 January, 2020
Author: Anant Kumar
Bench: Anant Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 15 Case :- CRIMINAL APPEAL No. - 2521 of 2019 Appellant :- Iliyas Respondent :- State Of U.P. & Others Counsel for Appellant :- Alok Srivastava,Hanumant Sharan Singh Counsel for Respondent :- Govt. Advocate Hon'ble Anant Kumar,J.
Heard learned counsel for the appellant/ applicant, learned A.G.A. for the State and perused the record.
By means of present criminal appeal the appellant has prayed that this Hon'ble Court may kindly be pleased to set-aside the impugned order dated 11.12.2019 passed by the learned Special Judge, SC/ST (P.A.) Act, Gonda, in Bail Application No.2458 of 2019, moved by the appellant in Case Crime No.222 of 2019, under sections - 147, 148, 149, 323, 452, 504, 506, 325, 307, 436 I.P.C., Section 3(2)(v) SC/ST Act and Section 7 Criminal Law Amendment Act, relating to Police Station - Kotwali Colonelganj, District - Gonda, allowing the instant criminal appeal. It has also been prayed to release the appellant on bail in the aforesaid case crime.
The submission of learned counsel for the appellant is that co-accused Meraj has already been granted bail by co-ordinate Bench of this Court vide order dated 12.09.2019 passed in Criminal Appeal No.1514 of 2019 and on the ground of parity other co-accused persons have also been granted bail, their bail orders have been annexed as Annexure -7 to the criminal appeal. On the ground of parity, the criminal appeal may be allowed and the appellant may be released on bail.
Learned A.G.A has opposed the prayer.
In view of above, the order impugned passed by the court below is liable to be set aside.
Accordingly, the criminal appeal is allowed. Order dated 11.12.2019 passed by the learned Special Judge, SC/ST (P.A.) Act, Gonda, in Bail Application No.2458 of 2019, moved by the appellant in Case Crime No.222 of 2019, under sections - 147, 148, 149, 323, 452, 504, 506, 325, 307, 436 I.P.C., Section 3(2)(v) SC/ST Act and Section 7 Criminal Law Amendment Act, relating to Police Station - Kotwali Colonelganj, District - Gonda, is set aside.
Let applicant/ appellant (Iliyas) 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 court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(i) The applicant/appellant 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 applicant/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 of the Indian Penal Code.
(iii) In case, the applicant/appellant 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 applicant/appellant 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 :- 23.1.2020 S. Kumar