Sawant Singh @ Sawant Tomar Vs State of U.P. Thru. Prin. Secy. Home Lko and Another

The present appeal has been filed for quashing the impugned order dated 12.07.2024 passed by learned Special Judge, SC/ST Act, Lucknow in Bail Application No. 5301 of 2024 arising out of Case crime No. 505 of 2023 U/s 147, 307, 504, 506, 427 I.P.C., Section 3(2)(v) of SC/ST Act, Police Station- P.G.I., District- Lucknow; for releasing appellant on bail in the aforesaid case crime.

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Learned counsel for the appellant submits that the appellant is an innocent person and he is in jail since 03.07.2024. He further submits that co-accused - Jai Pandit alias Jai Dixit, having identical role, has already been granted bail by this Court vide order dated 12.03.2024 passed in Criminal Appeal No. 530 of 2024. In these circumstances, the appellant is also entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.

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Learned A.G.A. has opposed the prayer of the appellant for grant of bail, but he conceded the fact that co-accused - Jai Pandit alias Jai Dixit has already been granted bail by this Court.

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Considering the rival submissions of learned counsel for parties, material available on record, contents of the F.I.R., other relevant documents, bail order of the co-accused - Jai Pandit alias Jai Dixit, ground of parity as well as totality of fact and circumstances, I am of the view that the appellant is entitled to be released on bail.

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Resultantly, in view of the above facts and circumstances of the case by keeping in view the fact that the trial of the case is not likely to be concluded in near future, hence, the appeal has

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substance and it is accordingly allowed . The order dated 12.07.2024 passed by learned Special Judge, SC/ST Act, Lucknow is hereby set aside.

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Let the appellant- Sawant Singh @ Sawant Tomar involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with the following conditions:-

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(i) The appellant shall file an undertaking to the effect that he will 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.

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(ii) The appellant shall remain present before the trial court on each date fixed, either personally or through their 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.

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(iii) In case, the 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 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 of the Indian Penal Code.

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(iv) The appellant shall remain present, in person, before the trial court on the dates fixed for 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 default as abuse of liberty of bail and proceed against him in accordance with law.

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Office is directed to communicate this order to the trial court, forthwith.

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Order Date :- 11.12.2024 Arpan

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Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench

Sawant Singh @ Sawant Tomar v. State of U.P. Thru. Prin. Secy. Home Lko and Another

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Sawant Singh @ Sawant Tomar v. State of U.P. Thru. Prin. Secy. Home Lko and Another

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