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2022 DIGILAW 240 (ALL)

Pradeep Kumar v. State of U. P.

2022-02-22

RAHUL CHATURVEDI

body2022
JUDGMENT : 1. Counter affidavit filed by learned A.G.A. today in the Court is taken on record. 2. A perusal of the office report dated 02.11.2021 shows that notices were served personally upon the opposite party no.2. 3. Learned A.G.A. has filed counter affidavit which is on record. Learned counsel for the appellant does not want to file any rejoinder affidavit and wants to argue the case on merit. 4. 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") has been filed for setting-aside the impugned order dated 03.09.2021 passed by learned Special Judge, SC/ST Act, Firozabad in Bail Application No.2747 of 2021 in Case Crime no.271 of 2021, under Sections 376, 506 I.P.C. and Section 3(2)5 of SC/ST Act, Police Station-Narkhi, District-Firozabad. 5. Submission made by learned counsel for the appellant is that on account of previous animosity between the appellant and the informant of the present case, this FIR came into existence on 31.07.2021 in which the informant has involved his own mother aged about 65 years in this nefarious allegation of rape upon her by the appellant. From the medical, it is clear that age of the mother is 65 years as mentioned in the FIR. The age of the appellant is 45 years who is married man. The next contention is that the appellant has extended loan amount of Rs.45,000/-to the informant of this case and demanding the amount. Instead of returning back the money, he has fastened this abhorring and nefarious allegations against the appellant. The applicant is languishing in jail since 03.08.2021. The medical report of the victim totally belies the allegations of sexual assault upon her by the appellant. 6. Learned A.G.A. has refuted the submission made by learned counsel for the appellant but could not dispute the aforesaid facts. 7. The submission made by learned counsel for the appellant, prima facie, is quite appealing and convincing for the purpose of bail only. 8. Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, taking into account the manner and mode of the offence and taking into account the generality of allegation, I am of the view that the appellant has made out a case for bail. 9. 8. Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, taking into account the manner and mode of the offence and taking into account the generality of allegation, I am of the view that the appellant has made out a case for bail. 9. Let the appellant-Pradeep Kumar, 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:- (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. (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. (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. (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. (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 DEFAULT AS ABUSE OF LIBERTY OF BAIL AND PROCEED AGAINST THEM IN ACCORDANCE WITH LAW. 10. 10. However, it is made clear that any wilful violation of above conditions by the appellants, shall have serious repercussion on his bail so granted by this court. Accordingly, the appeal succeeds and the same stands allowed. Impugned order dated 03.09.2021 passed by learned Special Judge, SC/ST Act, Firozabad in Bail Application No.2747 of 2021 in Case Crime no.271 of 2021, under Sections 376, 506 I.P.C. and Section 3(2)5 of SC/ST Act, Police Station-Narkhi, District-Firozabad, is hereby set aside.