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2025 DAILYLAW 110618 (ALL)

NEETA @ ANITA v. STATE OF U.P. AND ANOTHER

CRLA/12196/2024 · 2025-02-13

Siddharth

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:20978 Court No. - 47 Case :- CRIMINAL APPEAL No. - 12196 of 2024 Appellant :- Neeta @ Anita Respondent :- State of U.P. and Another Counsel for Appellant :- Saurabh Pathak Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Heard learned counsel for the appellant and learned A.G.A. for the State and perused the material on record. The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant to set aside the impugned order dated 17.05.2024 whereby the Addi. District and Sessions Judge, SC/ST Act, Kanpur Dehat, in Bail Application No. 1356 of 2024 (Neeta @ Anita Vs. State of U.P. and another) has rejected the bail application of the appellant moved by him in Case Crime No. 22 of 2024, under Sections- 364, 323, 344, 367, 120-B of IPC and Section 5/6 of Immoral Traffic Prevention Act and Section 3(2)(V) of SC/ST Act, Police Station- Baraur, District- Kanpur Dehat. Learned counsel for the appellant has contended that the co- accused Manoj Sharma, has been granted bail by this Court on 05.12.2024 in Criminal Appeal No.11336/2024. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity for the reasons given in bail application of co-accused. The applicant is languishing in jail since 11.06.2022. Learned AGA has opposed the prayer for bail, but does not dispute the claim of parity. Let the appellant involved in aforesaid case be released on bail 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 shall not tamper with the evidence or threaten the witnesses. (ii) 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. (iii) The appellant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code. (iv) In case the appellant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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. (v) 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 absence of the applicant 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. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity and residence proof of the appellant and sureties be verified by the court concerned before the bonds are accepted. The criminal appeal is allowed. Order Date :- 13.2.2025 Abhishek Digitally signed by :- ABHISHEK YADAV High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK YADAV High Court of Judicature at Allahabad