Criminal Appeal challenging bail rejection. Court allowed appeal finding it fit for bail without expressing opinion on merits. Appellant ordered released on personal bond and two sureties. Non-bailable warrant kept in abeyance for six weeks.
Appellant released on bail with personal bond and two sureties. Non-bailable warrant kept in abeyance for six weeks.
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Court No. - 71 Case :- CRIMINAL APPEAL No. - 672 of 2019 Appellant :- Chandan Respondent :- State Of U.P. And Another Counsel for Appellant :- Gyanendra Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ajit Singh,J.
Counter affidavit filed today, is taken on record.
Heard learned counsel for the appellant-applicant, Sri Jagdish Prasad Mishra, learned counsel for the opposite party no.2 and learned A.G.A. for the State. Perused the record.
This criminal appeal under Section 14 A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed challenging the order dated 12.12.2018 passed by Second Upper Session Judge/Special Judge (SC/ST Act), Farrukhabad in Bail Application No.111 of 2018, Special Appeal No.7 of 2008, Case Crime No.519 of 2007, under Sections 323, 307, 504, 506 I.P.C. read with Section 3(2)5 of SC/ST Act, P.S. Nawabganj, District Farrukhabad, seeking bail in the aforesaid sections.
Learned counsel for the appellant submitted that earlier the appellant had been granted bail by the competent court and thereafter he could not appear before the trial court. Hence nonbailable warrant has been issued against him. He further submits that the reasons on account of which the appellant failed to appear before the trial court were beyond his control and that the appellant has every intention to appear before the court concerned and participate in the trial.
Per contra, learned A.G.A., for the State has vehemently opposed the prayer for bail.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the appeal is allowed and the aforementioned order is hereby set aside.
Let the appellants-applicants Chandan be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned with the following direction:
(i) the appellant shall move an application to cancel the non-bailable warrant issued against him before the court below within three weeks from today along with the certified copy of this order;
(ii) in that case the concerned court will exercise its discretion to pass appropriate order thereon to either recall the non bailable warrant issued against the appellant or to direct the appellant to file fresh bail bonds within a further period of one week, thereafter;
(iii) for a period of six weeks from today, non-bailable warrant issued against the appellant shall be kept in abeyance.
Order Date :- 2.5.2019 R./
3 issues framed by the court
Whether the Criminal Appeal challenging the bail rejection order is maintainable and fits the case for bail.
Whether the appellant should be released on bail with appropriate directions.
What directions should be given regarding the pending non-bailable warrant.
1 provisions across 1 enactments
Chandan
State Of U.P.
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
