Allowed

Monu v. State of U.P. and Another

Allahabad HC11 Aug 2021CRLA/870/2020

Case brief

AI extract

What is this about?

Criminal appeal against a bail rejection order under Section 14(2) of the SC/ST Act. The appellant was a 'foyer' in a murder case implicating someone else due to an alleged illicit relationship. Finding that the appellant made a case for bail due to delay and lack of fresh evidence, the court granted bail with strict conditions.

What did the court decide?

Appellant released on bail with a personal bond and two sureties; impugned bail rejection order set aside.

Monu Vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2021)

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Court No. - 67

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Case :- CRIMINAL APPEAL No. - 870 of 2020

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Appellant :- Monu Respondent :- State of U.P. and Another Counsel for Appellant :- Shahroze Khan Counsel for Respondent :- G.A.,Mohammad Mustafa

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Hon'ble Rahul Chaturvedi,J.

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Counter affidavit filed on behalf of opposite party no.2 is taken on record.

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Heard Shri Shahroze Khan, learned counsel for the appellant; Shri Vyas Kumar Prasad, Advocate holding brief of Mohammad Mustafa, learned counsel for the opposite party no.2 as well as learned A.G.A for the State and perused the record.

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This criminal appeal under Section 14 A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "S.C./S.T. Act") is targeted against the bail rejection order dated 07.01.2020 passed by learned Special Judge, SC/ST (P.A.) Act, Siddharth Nagar in Bail Application No.1388 of 2019, arising out of Case Crime no.78 of 2019, under Section 302 I.P.C. and Section 3(2)(V) of SC/ST Act, Police StationJogiya Udaipur, District-Siddharth Nagar.

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It is submitted by learned counsel for the appellant that the present F.I.R. was registered by Ram Ugrah u/s 302 I.P.C. against unknown person and the name of applicant has figured up by way of application daed 11.10.2019 given by the mother of the informant Smt. Rita Bharti to the S.P., Siddharth Nagar, say about 40 days after the incident adding the angle of illicit relationship of the appellant with the sister of deceased. Except this, there is no overt or covert role attributed to the appellant. Neither anything incriminating has been recovered either from the possession or at the pointing out of the appellant. Submission is that keeping in view inordinate delay in surfacing the name of appellant with no additional cogent evidence indicating the involvment of the appellant in the commission of offence, the appellant deserves to be bailed out. The appellant is languishing in jail since 31.10.2019.

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Learned A.G.A as well as learned counsel for the opposite party no.2 opposed the prayer for bail but could not dispute the aforesaid facts.

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The submissions made by learned counsel for the appellant, prima facie, appear quite appealing and convincing for the purpose of bail only.

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Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, the period of detention already undergone by the appellant and also without expressing any opinion on merits of the case, I am of the view that the appellant has made out a case for bail.

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Let the appellant- Monu , be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(i) THE APPELLANT WOULD FULLY COOPERATE IN THE CONCLUSION OF TRIAL WITHIN ONE YEAR AND ANY TEMPERING OR WILLING TACTICS ON THE PART OF THE APPELLANT TO DELAY THE TRIAL WOULD WARRANT THE AUTOMATIC CANCELLATION OF BAIL.

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(ii) THE APPELLANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE 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.

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(iii) 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 IPC.

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(iv) IN CASE, THE APPELLANT MISUSE THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HIS PRESENCE PROCLAMATION UNDER SECTION 82 CR.P.C., MAY BE ISSUED AND IF APPELLANT 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 IPC.

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(v) THE APPELLANT SHALL REMAIN PRESENT, IN PERSON, BEFORE THE TRIAL COURT ON DATES FIXED FOR (1) OPENING OF THE CASE, (2) FRAMING OF CHARGE AND (3) RECORDING OF STATEMENT UNDER SECTION 313 CR.P.C. IF IN THE OPINION OF THE TRIAL COURT ABSENCE OF THE APPELLANT IS DELIBERATE OR WITHOUT SUFFICIENT CAUSE, THEN IT SHALL BE OPEN FOR THE TRIAL COURT TO TREAT SUCH

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DEFAULT AS ABUSE OF LIBERTY OF BAIL AND PROCEED AGAINST HIM IN ACCORDANCE WITH LAW. However, it is made clear that any wilful violation of above conditions by the appellant, shall have serious repercussion on his bail so granted by this court.

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Accordingly, the appeal succeeds and the same stands ALLOWED. Impugned order dated 07.01.2020 passed by learned Special Judge, SC/ST (P.A.) Act, Siddharth Nagar, is hereby set aside.

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Order Date :- 11.8.2021 M. Kumar

Monu v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Monu v. State of U.P. and Another

Case brief

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