Allahabad High Court
Dhani Ram & Anr. vs State Of U.P. & Anr. on 4 January, 2021
Bench: Virendra Kumar-Ii
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 13
Case :- CRIMINAL APPEAL No. - 804 of 2020
Appellant :- Dhani Ram & Anr.
Respondent :- State Of U.P. & Anr.
Counsel for Appellant :- Vijay Pathak
Counsel for Respondent :- G.A.,Naveen Kumar Pandey,Neeraj Pandey
Hon'ble Virendra Kumar-II,J.
Heard learned counsel for the appellants, learned A.G.A. for the State and learned counsel for the opposite party no.2.
This appeal has been filed under Section 14 (A) (2) of SC/ST (Prevention of Atrocities) Act, 1989 against the judgment and order dated 25.06.2020 passed by Special sessions Judge SC/ST Act, Gonda in Bail Application No.725 of 2020 (Rammani and four others vs. State of U.P.) arising out of Case Crime No.153 of 2020, under Sections-147, 323, 269, 436, 504, 506 of I.P.C. & 3 (2) (5) SC/ST Act, P.S.-Motiganj, District-Gonda, whereby the bail application filed by the appellants has been rejected by the trial Court.
Learned counsel for the appellants submits that the appellants are innocent and have been falsely implicated by the opposite party no.2, who is influential person having political connection of a leader of ruling party. Learned counsel further submits that in medico legal report, only superficial injury has been found on all injured persons.
Learned counsel further submits that only false allegation regarding damage of Chappar by fire has been levelled by opposite party no.2, in first information report. Learned counsel further submits that the co-accused-Rohit has also received injury. Learned counsel also submits that in order to create a counter blast case, false F.I.R. has been lodged. Learned counsel further submits that appellants are a law abiding person and is languishing in jail since 14.06.2020 having no criminal history. Learned counsel further submits that the trial Court, without considering the material available on record, has dismissed the bail application. Learned counsel further submits that if the appellants would be enlarged on bail, they will cooperate during proceeding of trial before the trial Court and therefore this appeal may be allowed.
Learned A.G.A. and learned counsel for the opposite party no.2 vehemently opposed the prayer for bail, but did not dispute the factual submission made by the learned counsel for the appellants. Learned counsels further submit that in view of the gravity of the offence, appellants are not entitled for bail and there is no illegality or infirmity in the impugned order passed by trial Court.
Considering the facts and circumstances of the case and the arguments advanced on behalf of both the sides and keeping in view the fact that the trial of the case is not likely to be concluded in near future, the appeal has substance hence, this appeal and also bail application filed before the court below are allowed, order dated 25.06.2020 passed by learned Special Judge (SC/ST Act), Gonda is hereby set aside.
Let appellants-Dhani Ram and Manish Mishra be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:
1. The appellants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence, if 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;
2. The appellants 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;
3. In case, the appellants misuse the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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.
4. The appellants 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.
5. The appellants shall not approach the victim/complainant or witnesses to pressurize them, otherwise their bail shall be cancelled.
Order Date :- 4.1.2021
Virendra
