Allahabad High Court
Dharmendra Singh @ Sonu Singh vs State Of U.P. Thru. Prin. Secy. ... on 7 August, 2023
Bench: Brij Raj Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:52121
Court No. - 27
Case :- CRIMINAL APPEAL No. - 350 of 2023
Appellant :- Dharmendra Singh @ Sonu Singh
Respondent :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Another
Counsel for Appellant :- Anurag Singh,Diwakar Singh
Counsel for Respondent :- G.A.,Atul Dixit
Hon'ble Brij Raj Singh,J.
Rejoinder affidavit filed by the appellant is taken on record.
Heard Sri Diwakar Singh, learned counsel for the appellant, Sri Satyendra Kumar Srivastava, learned A.G.A. for the State and perused the record.
In spite of service of notice upon opposite party nos.2 vide office report dated 12.03.2023 none has appeared on behalf of opposite party no.2 as such, it appears that opposite party no.2 is 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 24.01.2023 passed by learned Special Judge (SC/ST Act), Brabanki in Second Bail Application No. 258 of 2023 (Dharmendra Singh @ Sonu Singh Vs. State of U.P. ) arising out of Case Crime No. 262 of 2022 under sections 419, 420, 467, 468, 471, 504, 504 IPC and under section 3(1) Da, 3(1) Dha, 3(2) (V) of the SC/ST Act, Police Station Safdarganj, Barabanki 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, Mohammad Faheem has been granted bail by coordinate Bench this Court vide order dated 03.01.2023 passed in Criminal Misc. Bail Application No.15249 of 2022. He also submitted that the case of the appellant is at par with the aforesaid co-accused person thus, the appellant may also be granted bail on the ground of parity. He has further explained the criminal history in paras 14 to 20 of the affidavit filed in support of the appeal. Learned counsel for the appellant has also submitted that the cases which lodged are pertaining to the year 2022 and similar kind of cases has been imposed against the appellant.
Learned A.G.A. has opposed the prayer for bail but he could not dispute the fact that the case of the appellant is at par with the case of aforesaid co-accused person 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 24.01.2023 passed by learned Special Judge (SC/ST Act), Brabanki in Second Bail Application No. 258 of 2023 (Dharmendra Singh @ Sonu Singh Vs. State of U.P. ) arising out of Case Crime No. 262 of 2022 under sections 419, 420, 467, 468, 471, 504, 504 IPC and under section 3(1) Da, 3(1) Dha, 3(2) (V) of the SC/ST Act, Police Station Safdarganj, Barabanki is hereby set aside.
Let the appellant,Dharmendra Singh @ Sonu Singh be released on bail in Case Crime No. 262 of 2022 under sections 419, 420, 467, 468, 471, 504, 504 IPC and under section 3(1) Da, 3(1) Dha, 3(2) (V) of the SC/ST Act, Police Station Safdarganj, Barabanki 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
dk/
