Allahabad High Court
Purushottam And 2 Others vs State Of U.P. And Another on 15 May, 2023
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:105347
Court No. - 80
Case :- CRIMINAL APPEAL No. - 9810 of 2022
Appellant :- Purushottam And 2 Others
Respondent :- State of U.P. and Another
Counsel for Appellant :- Sushil Dubey
Counsel for Respondent :- G.A.,Deepak Kumar Yadav
Hon'ble Siddharth,J.
By the order dated 16.12.2022, the appellants was enlarged on interim anticipatory bail. Thereafter on 16.3.2023, learned counsel for the informant was granted time to file counter affidavit and interim order was extended. On 20.4.2023 this case was directed to be listed on 8.5.2023 and interim order was extended and on the last date, i.e., 8.5.2023, learned counsel for the informant, Sri Deepak Kumar Yadav, sent illness slip and matter was directed to be listed peremptorily today and interim order was extended. Today again, learned counsel for the informant, Sri Deepak Kumar Yadav, has sent illness slip, when the case is listed peremptorily. His illness slip deserves to be ignored.
Heard learned counsel for the appellants; learned AGA for opposite party no.1 and perused the material placed on record.
The present criminal appeal under Section 14-A(1) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellants, to set aside the impugned order dated 16.11.2022, whereby the Special Judge (SC/ST Act), Bulandshahr has rejected the anticipatory bail application No. 5521 of 2022 of the appellants moved by them in Case Crime No. 449 of 2022, under Sections 341, 324, 308, 504, 506, IPC, Section 3(2)5A of SC/ST Act, Police Station Kotwali Dehat, District Bulandshahr.
The appellants were enlarged on interim anticipatory bail by coordinate Bench of this Court vide order dated 16.12.2022. No one has turned up to oppose the Appeal. For the reasons given in the earlier order dated 16.12.2022, the interim bail granted to the appellants is regularized.
Order of rejection of anticipatory bail application of court below dated 16.11.2022 is set aside.
Let appellants, Purushottam, Vikas and Ritik, shall continue on anticipatory bail on same personal bond and two reliable sureties as per earlier order dated 16.12.2022 on the following conditions:
1. The appellants shall not leave the country during the pendency of trial without prior permission from the concerned trial Court.
2. The appellants shall surrender their passports, if any, to the concerned Court forthwith. Their passports will remain in custody of the concerned Court.
3. That the appellants 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 their from disclosing such facts to the Court or to any police officer;
4. The appellants shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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 to ensure presence of the appellants.
5. In case, the appellants misuses the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.
6. 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 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 their bail and proceed against their in accordance with law.
In default of any of the conditions, the Investigating Officer/Govt. Advocate/concerned court is at liberty to file appropriate application for cancellation of anticipatory bail granted to the appellants.
The criminal appeal is allowed.
Order Date :- 15.5.2023
Ruchi Agrahari
