Allahabad High Court
Sonu Singh vs State Of U.P. And Anr. on 15 March, 2021
Bench: Saroj Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 32
Case :- CRIMINAL APPEAL No. - 890 of 2020
Appellant :- Sonu Singh
Respondent :- State Of U.P. And Anr.
Counsel for Appellant :- Durgesh Kumar Singh
Counsel for Respondent :- G.A.
Hon'ble Mrs. Saroj Yadav,J.
Heard learned counsel for both the sides
This Criminal Appeal has been filed by the appellant against the judgment and order dated 28.08.2020 passed by Learned Special Judge (SC/ST) Act/ Additional Judge, Barabanki in Bail Application No. 1270 of 2020, arising out of Case Crime No.179 of 2020, under Section 363, 366 I.P.C. and 3(2) (V) SC/ST Act, Police Station Loni Katra, District Barabanki rejecting the bail application of the appellant.
Learned counsel for the accused/appellant argued that accused has falsely been implicated in the crime. The victim in her statement under Section 161 and 164 Cr.P.C. has clearly stated that she went with the accused on her sweet will and nothing wrong was done by the accused with her. The accused is in jail since 26.07.2020. Hence, the accused should be enlarged on bail.
Learned A.G.A. opposed the bail application, but admitted that the victim has stated in her statement under Section 161 and 164 Cr.P.C. that no wrong was committed by the accused with her.
Considered the rival submissions and also perused the record.
Considering the statement of the victim recorded under Section 161 & 164 Cr.P.C. and also the fact that accused is in jail since 26.07.2020 and without commenting on merit this appears just to enlarge the accused/appellant on bail.
Accordingly, the appeal is allowed. The judgment and order dated 28.08.2020 passed by Learned Special Judge (SC/ST) Act/ Additional Judge, Barabanki in Bail Application No. 1270 of 2020, arising out of Case Crime No.179 of 2020, under Section 363, 366 I.P.C. and 3(2) (V) SC/ST Act, Police Station Loni Katra, District Barabanki is set aside.
Let the appellant/accusedSonu Singh involved in Case Crime No.179 of 2020, under Section 363, 366 I.P.C. and 3(2) (V) SC/ST Act, Police Station Loni Katra, District Barabanki 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:
(i) The appellant shall file an undertaking to the effect that he shall 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.
(ii) 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 of the Indian Penal Code.
(iii) In case, the applicant 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 applicant 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.
(iv) The appellant 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 absence of the applicant 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.
(v) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(vii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 15.3.2021
A.K. Singh
