Allahabad High Court
Sant Kumar Verma @ Sant Ram vs State Of U.P. Thru. Addl. Chief ... on 31 August, 2022
Bench: Ajai Kumar Srivastava-I
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 27
Case :- CRIMINAL APPEAL No. - 1344 of 2022
Appellant :- Sant Kumar Verma @ Sant Ram
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another
Counsel for Appellant :- Shailendra Singh Rajawat
Counsel for Respondent :- G.A.,Arvind Kumar,Ravi Kumar Verma
Hon'ble Ajai Kumar Srivastava-I,J.
Supplementary affidavit filed by learned counsel for the appellant is taken on record.
Heard Sri S.S. Rajawat, learned counsel for the appellant, Sri Janendra Kumar Verma, Advocate holding brief of Sri Arvind Kumar, learned counsel for opposite party no.2 and Sri B.R. Chaubey, learned A.G.A. for the State.
This Criminal Appeal under Section 14-A (2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been preferred against the order dated 31.05.2022 passed by 2nd Additional Session Judge/Special Judge SC/ST Act, Lakhimpur Kheri in bail application No.150 of 2022, Computer No.1565 of 2022, arising out of Case Crime No.102 of 2019, under Sections 302, 201, 120B I.P.C. and Section 3(2)(5) of SC/ST Act, P.S. Kotwali Sadar, District Lakhimpur Kheri, seeking bail in the aforesaid sections.
Learned counsel for the appellants submitted that the first information report in respect of missing two young children came to be lodged against unknown persons. His further submission is that the applicant was not named in the first information report. His name was surfaced in the statement of first informant recorded under Section 161 Cr.P.C. on 29.01.2019. He thus, submits that applicant has been falsely implicated in this case as there is no evidence, whatsoever, against him. He has also submitted that the appellant has criminal history of one case, wherein he has already been acquitted. The appellants are languishing in jail since 29.05.2022. His further submission is that all other co-accused persons, Kamal Kishore @ Barati, Parshu Ram @ lala, Dhruva @ Dheeraj Verma and Neeraj Kumar have already been granted bail vide orders dated 16.10.2019, 30.09.2019 and 30.09.2019 passed by co-ordinate Bench of this Court in Criminal Appeal Nos.1409 of 2019, 1347 of 2019 and 1140 of 2019. His further submission is that in case, the applicant is released on bail, he will not misuse the liberty of bail and will also fully cooperate with the trial Court in getting the trial concluded expeditiously. Therefore, the appellant deserves to be released on bail during pendency of the appeal.
Learned A.G.A. has vehemently opposed the prayer of bail made by learned counsel for the appellant. However, he could also not dispute the other factual submission advanced by learned counsel for the appellants.
Having regard to aforesaid overall facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and without expressing any opinion on the merits of the case, the Court is of the view that the appellants have made out a case for bail. It is ordered accordingly.
In the result, the appeal succeeds and the same stands allowed. Impugned judgment and order dated 31.05.2022 passed by 2nd Additional Session Judge/Special Judge SC/ST Act, Lakhimpur Kheri in bail application No.150 of 2022, Computer No.1565 of 2022, arising out of Case Crime No.102 of 2019, under Sections 302, 201, 120B I.P.C. and Section 3(2)(5) of SC/ST Act, P.S. Kotwali Sadar, District Lakhimpur Kheri is hereby set aside.
Let appellant, namely, Sant Kumar Verma @ Sant Ram be released on bail in the aforesaid Case Crime on his furnishing a personal bond and two reliable sureties of 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, 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;
(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 appellant misuses the liberty of bail 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 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.
Order Date :- 31.8.2022
A.Dewal
