Heard learned counsel for the appellants, learned counsel for the opposite party no.2 as well as learned A.G.A.This criminal appeal under Section 14 A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "S.C./S.T. Act") has been filed for setting-aside the bail rejection order dated 28.05.2019 passed by Special Judge, SC/ST Act, Jaunpur in Bail Application No.110 of 2019(Raju Vs.State of U.P) and 111 of 2019(Phool Chandra Yadav Vs.State of U.P.) arising out of case crime no.66 of 2018 under Sections 366, 120-B IPC and Section 3(2)5 of SC/ST Act, Police Station-Singramau, District-Jaunpur.Submission made by learned counsel for the appellants is that for the incident said to have been taken place on 30.07.2018, present FIR was lodged on 19.08.2018 by father of the victim under section 366 IPC against one Virendra Kumar.The subject was produced for recording her statement and on 07.12.2018, almost five months of the incident, she has tried to change the texture of the case by adding the story that she was taken to Mumbai in the stage of intoxication.The main accused is Virendra with whom she had gone to Mumbai and remained in his company.The applicants are associates of the main accused and have no role in the present incident.Neither there is any recovery from the appellants nor any assault was made by them.It is next contended that main accused-Virendra has not been arrested so far.Learned A.G.A as well as learned counsel for the opposite party no.2 opposed the prayer for bail.The submission made by learned counsel for the appellants, prima facie, is quite appealing and convincing for the purpose of bail only.Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.Let the appellants-Raju and Phool Chandra Yadav, be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable 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 APPLICANTS WOULD FULLY COOPERATE IN THE CONCLUSION OF TRIAL WITHIN ONE YEAR AND ANY TEMPERING OR WILLING TACTICS ON THE PART OF THE APPLICANT TO DELAY THE TRIAL WOULD WARRANT THE AUTOMATIC CANCELLATION OF BAIL.(ii) THE APPLICANTS 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.(iii) THE APPLICANTS SHALL REMAIN PRESENT BEFORE THE TRIAL COURT ON EACH DATE FIXED, EITHER PERSONALLY OR THROUGH HIS COUNSEL.IN CASE OF HIS ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM UNDER SECTION 229-A IPC.(iv) IN CASE, THE APPLICANTS MISUSE 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 APPLICANT 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 IPC.(v) THE APPLICANTS 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 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.However, it is made clear that any wilful violation of above conditions by the appellants, shall have serious repercussion on his bail so granted by this court.Accordingly, the appeal succeeds and the same stands allowed.Impugned order dated 28.05.2019 passed by Special Judge, SC/ST Act, Jaunpur, is hereby set aside.Order Date :- 4.12.2019 Sumit S

Cited provisions: Section 366 in The Indian Penal Code; Section 120B in The Indian Penal Code