Allahabad High Court
Nonu Alias Vivek Gupta And Another vs State Of U.P Thru. Its Prin. Secy. ... on 26 April, 2022
Bench: Suresh Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 15
Case :- CRIMINAL APPEAL No. - 369 of 2022
Appellant :- Nonu Alias Vivek Gupta And Another
Respondent :- State Of U.P Thru. Its Prin. Secy. Home And Another
Counsel for Appellant :- Dhirendra Singh Panwar
Counsel for Respondent :- G.A.,Tushar Gupta
Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the applicants/appellants, learned A.G.A. for the State and perused the material available on record.
This criminal appeal has been preferred under Section 14 (A) (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the judgment and order dated 14.02.2022 passed by learned Special Judge (SC/ST Act), Lucknow in Bail Application No. 286 of 2022 arising out of Case Crime No. 22 of 2020, under Sections 147, 308, 323, 336 & 506 IPC and Section 3 (1) (Dha) of the SC/ST Act, Police Station Aliganj, District Lucknow.
Learned counsel for appellants submits that the appellants are innocent and has falsely been implicated in the aforesaid crime. Learned counsel further submits that the co-accused Akash and Raju @ Raj Kumar (wrongly mentioned as Kallu in F.I.R.) having similar role has been granted bail by this Court on 2.8.2021 and 12.11.2021 in criminal appeal nos. 546 of 2020 and 1244 of 2021. The appellants are in jail since 22.12.2021 Learned counsel further submits that if the appellants are released on bail, they would not misuse liberty of bail and are ready to co-operate in the trial.
Learned A.G.A. for the State has accepted the submissions made by the learned counsel for the appellants.
After hearing the rival submissions of the parties, and perused the record, without expressing any opinion on merits, I find that it is a fit case for grant of bail of appellants/applicants.
Impugned order dated 14.02.2022 is hereby set aside.
The appeal is hereby allowed.
Let appellants Nonu Alias Vivek Gupta And Vishal Gupta be enlarged on bail in the aforesaid case crime number on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(i) The appellants shall not tamper with the evidence of witnesses and shall not commit any offence.
(ii) The appellants shall file an undertaking to the effect that they 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.
(iii) The appellants 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.
(iv) In case, the appellants misuse the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the appellants 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.
(v) 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 absence of the appellants are 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.
Order Date :- 26.4.2022
Anuj Singh
