Allahabad High Court
Jamal Uddin vs State Of U.P. And Anr. on 10 July, 2020
Author: Neeraj Tiwari
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 67 Case :- CRIMINAL APPEAL No. - 7491 of 2019 Appellant :- Jamal Uddin Respondent :- State Of U.P. And Anr. Counsel for Appellant :- Ashok Kumar Rai,Mangla Prasad Rai(Senior Adv.) Counsel for Respondent :- G.A. Hon'ble Neeraj Tiwari,J.
Heard Sri Mangla Prasad Rai, learned senior counsel assisted by Sri Ashok Kumar Rai, learned counsel for the appellant and learned A.G.A. for the State and perused the record.
This criminal appeal has been filed by the learned counsel for the appellant under Section 14-A (2) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 for setting aside the impugned order dated 30.10.2019 passed by Special Judge, SC/ST (Prevention of Atrocities) Act, Kaushambi in Case Crime No. 409 of 2019, under Sections 147, 149, 323, 504, 506, 298, 342, 503 I.P.C. & Section 66/67 of I.T. Act and Section 3(2)5Ka SC/ST Act, Police Station- Manjhanpur, District Kaushambi.
Learned counsel for the appellant submits that the appellant has been falsely implicated in the present case. The appellant is a young boy aged about 19 years. He further submits that some scuffle took place between the appellant and victim, therefore, a false FIR has been lodged. There is no injury upon the victim and only alleged recovery of blade is shown. The appellant is languishing in jail since 20.10.2019 and he has no criminal history except the present case to his credit.
On the other hand, learned AGA has opposed the prayer for bail, but could not dispute the said fact. From the evidence available on record, a prima-facie case is made out against the appellant. There is no infirmity or illegality in the impugned order rejecting the bail application of the appellant.
I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record including the impugned order carefully.
Having regard to the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, the Court is of the opinion that the appellant has made out a case for bail. The Court below erred in rejecting the bail application. The impugned order suffers from infirmity and illegality and the same is liable to be set-aside and the appeal is liable to be allowed.
Accordingly, the appeal is allowed and the impugned order dated 30.10.2019 rejecting the bail application of the appellant is set-aside.
Let the appellant Jamal Uddin involved in Case Crime No. 409 of 2019, under Sections 147, 149, 323, 504, 506, 298, 342, 503 I.P.C. & Section 66/67 of I.T. Act and Section 3(2)5Ka SC/ST Act, Police Station- Manjhanpur, District Kaushambi be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned. It is further provided that this bail order available on the official website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as soon as it is issued.
This bail order would be subject to the fulfilment of following conditions:-
1. The appellant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The appellant shall cooperate in the trial sincerely without seeking any adjournment.
3. The appellant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. 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 of the Indian Penal Code;
5. In case, the appellant misuses the liberty of bail 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.
6. The 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
7. In case the appellant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 10.7.2020 Arvind