Allahabad High Court
Deepak @ Adil Ali Beg vs State Of U.P. And Another on 16 May, 2022
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 71
Case :- CRIMINAL APPEAL No. - 565 of 2022
Appellant :- Deepak @ Adil Ali Beg
Respondent :- State of U.P. and Another
Counsel for Appellant :- Rama Pati Tripathi
Counsel for Respondent :- G.A.
Hon'ble Samit Gopal,J.
Matter taken up in the revised list.
Heard Sri Rama Pati Tripathi, learned counsel for the appellant and Sri S.B. Maurya, learned counsel for the State and perused the material on record.
The present bail application has been filed on behalf of the appellant for release on bail in Criminal Appeal under Section 14-A (2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 which has been preferred by the appellant-Deepak @ Adil Ali Beg against the judgment and order dated 12.01.2022, passed by Special Judge S.C./S.T. Act, Kanpur Nagar in Case Crime No.755 of 2021, under Sections 420, 467, 468, 471, 193, 419, 323, 504, 120-B, 506 IPC and under Section 3(2)(5) S.C./S.T. Act, Police Station Kalyanpur, District Kanpur Nagar whereby the bail application of the appellant has been rejected.
Counter affidavit filed by the State is taken on record. The said counter affidavit has been sworn by Shri Shikhar, the Additional Commissioner of Police (Circle Collector Ganj), District Kanpur Nagar.
A perusal of para no.3 goes to show that notice of the present bail application has been served on the first informant, copy of the receiving is annexed as C.A.1 to the same.
No one appears on behalf of the first informant even though the matter has been taken up in the revised list.
Learned counsel for the appellant argued that the first informant is the second wife of the appellant. The allegations as levelled in the FIR are false and incorrect. The dispute is between husband and wife and is a matrimonial dispute. The marriage of the appellant with the first informant was solemnized on 10.3.2018. The FIR has been lodged on 13.9.2021 which is after a delay of about three years. The investigation in the matter has concluded and charge sheet has been submitted against the appellant and other co-accused persons on which cognizance has been taken by the trial court vide order dated 14.12.2021, para 8 of the affidavit filed in support of bail application has been placed before the Court. The appellant has no criminal history as stated in para 18 of the affidavit in support of bail application. The appellant is in jail since 22.09.2021.
Per contra, learned counsel for the State opposed the prayer for bail.
After having heard the learned counsel for the parties and perusing the records, it is evident that the appellant is the husband of the first informant. The marriage between the two was solemnized on 10.3.2018. The FIR has been lodged after about three years.
Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the appellant may be enlarged on bail.
Let the appellant-Deepak @ Adil Ali Beg be released on bail in the aforesaid case crime number on furnishing a personal bond and two 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 will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The appellant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) 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.
(iv) The appellant will not misuse the liberty of bail in any manner whatsoever. In case, the appellant misuses 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 I.P.C.
(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 him in accordance with law and the trial court may proceed against him under Section 229-A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the appellant.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the appellant to prison.
Accordingly, the appeal succeeds and the same stands allowed.
The impugned order dated 12.01.2022, passed by Special Judge S.C./S.T. Act, Kanpur Nagar is hereby set-aside.
(Samit Gopal, J.)
Order Date :- 16.5.2022
Gaurav
