Allahabad High Court
Alok Kumar Singh @ Bachchan vs State Of U.P. Thru Prin.Secy. Home ... on 7 August, 2023
Bench: Brij Raj Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:52123
Court No. - 27
Case :- CRIMINAL APPEAL No. - 1189 of 2022
Appellant :- Alok Kumar Singh @ Bachchan
Respondent :- State Of U.P. Thru Prin.Secy. Home Lucknow And Anr.
Counsel for Appellant :- Vijay Bahadur Singh,Arun Sinha,Ram Chandra Singh,Ramendra Mishra,Siddhartha Sinha
Counsel for Respondent :- G.A.,Ajay Madhavan,Shiva Shashank
Hon'ble Brij Raj Singh,J.
Heard Sri Arun Sinha, learned counsel for the appellant, Sri Ashok Srivastava, learned A.G.A. for the State , Sri Shiva Shashnak, learned counsel for the respondent no.2 and perused the record.
In spite of service of notice upon opposite parties nos.3 to 10 vide office report dated 07.08.2023, none has appeared on behalf of opposite party no.3 to 10 as such, it appears that they are not interested to contest this case.
This Criminal Appeal under Section 14-A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been preferred against the impugned order dated 05.05.2022 passed by the learned Special Judge, S.C./S.T. (P.A.) Act, District Sultanpur in Bail Application No. 1087 of 2022 (Alok Kumar Singh @ Bachchan Vs. State of U.P.) arising out of Case Crime No. 50 of 2022 under Sections 147, 148, 452, 302, 307, 504, 506 IPC and 3(2) (5) SC/ST Act, Police Station Lambhua, District Sultanpur whereby the bail application of the appellant has been rejected.
It has been submitted by learned counsel for the appellant that the identical role assigned to co-accused persons, namely, Kaushlendra Singh @ Rajan Singh and Shailendra Singh @ Suraj Singh have been granted bail by coordinate Bench this Court vide order dated 25.07.2023 and 28.07.2023 passed in Criminal Appeal Nos.1226 of 2022 and 1219 of 2022 respectively. He also submitted that the case of the appellant is at par with the aforesaid co-accused persons thus, the appellant may also be granted bail on the ground of parity. The appellant has no previous criminal history and he is in jail since 02.03.2022.
Learned A.G.A. and Sri Shiva Shashank learned counsel for the complainant have opposed the prayer for bail but they could not dispute the fact that the case of the appellant is at par with the case of aforesaid co-accused persons and the case of the appellant is coming within the purview of parity.
Accordingly, the appeal is allowed. Consequently, the impugned judgment and order dated 05.05.2022 passed by the learned Special Judge, S.C./S.T. (P.A.) Act, District Sultanpur in Bail Application No. 1087 of 2022 (Alok Kumar Singh @ Bachchan Vs. State of U.P.) arising out of Case Crime No. 50 of 2022 under Sections 147, 148, 452, 302, 307, 504, 506 IPC and 3(2) (5) SC/ST Act, Police Station Lambhua, District Sultanpur is hereby set aside.
Let the appellant,Alok Kumar Singh @ Bachchan be released on bail in Case Crime No. 50 of 2022 under Sections 147, 148, 452, 302, 307, 504, 506 IPC and 3(2) (5) SC/ST Act, Police Station Lambhua, District Sultanpur with the following conditions:-
(i) The appellant shall furnish a personal bond with two sureties each of like amount to the satisfaction of the court concerned.
(ii) The appellant shall appear and strictly comply following terms of bond executed under section 437 sub section 3 of Chapter- 33 of Cr.P.C.:-
(a) The appellant shall attend in accordance with the conditions of the bond executed under this Chapter.
(b) The appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and
(c) The appellant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iii) The appellant shall cooperate with investigation /trial.
(iv) 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.
(v) The appellant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(vi) In case, the appellant misuses the liberty of bail during trial, in order to secure his presence, proclamation under section 82 Cr.P.C. is issued and the 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 of the Indian Penal Code.
(vii) The appellant shall remain present, 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 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.
(viii) The trial court is also directed to expedite the trial of the aforesaid case by following the provisions of Section 309 Cr.P.C., strictly without granting any unnecessary adjournments to the parties, in case there is no other legal impediment.
Order Date :- 7.8.2023
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