Allahabad High Court
Shiv Mangal Singh @ Azad vs State Of U.P. & 5 Others on 5 February, 2020
Author: Anant Kumar
Bench: Anant Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 15 Case :- CRIMINAL APPEAL No. - 2301 of 2019 Appellant :- Shiv Mangal Singh @ Azad Respondent :- State Of U.P. & 5 Others Counsel for Appellant :- Shiv Shankar Singh Counsel for Respondent :- Govt. Advocate, Anuj Pandey Hon'ble Anant Kumar,J.
Rejoinder affidavit filed today is taken on record.
Though name of Shri Anuj Pandey, Advocate is published in the cause list from the side of opposite party no.2 but when the case is taken up in the revised cause list, nobody is present. Despite service of notice upon on opposite parties Nos. 3 to 6, nobody is present on their behalf.
Heard learned counsel for the appellant, learned A.G.A. for the State and perused the record.
This criminal appeal has been filed by the appellant against impugned order dated 25.11.2019, passed by the Special Judge, SC/ST Act, Sultanpur in Bail Application No.2723 of 2019 (Shiv Mangal Singh @ Azad Versus State of U.P.), arising out of Case Crime No.328 of 2019, under Sections 452, 323, 392, 504, 506, 34 IPC and Section 3 (2) V of SC/ST Act, Police Station Kotwali Kadipur, District Sultanpur. 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 Shivam Singh has already been granted bail by this Court vide order dated 13.12.2019, passed in Criminal Appeal No.1874 of 2019. It is thus submitted that the case of the appellant stands on the similar footing and the appellant is entitled for bail on the ground of parity. Therefore, the appeal may be allowed and the appellant/applicant may be enlarged on bail.
Learned A.G.A has, however, 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 25.11.2019, passed by the Special Judge, SC/ST (P.A.) Act, Sultanpur in Bail Application No.2723 of 2019 (Shiv Mangal Singh @ Azad Versus State of U.P.), is set aside.
Let appellant/applicant (.Shiv Mangal Singh @ Azad) 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 :-
(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 :- 5.2.2020 ML/-