Heard learned counsel for the appellant as well as learned A.G.A. appearing for the State, pertaining to the prayer of bail of the appellant.
This criminal appeal has been filed by the appellant under Section 14A (2) of the Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 to set-aside the order dated 18.12.2020 passed in Bail application No. 6695/2020, arising out of Case Crime No. 406/2020, under Sections 147, 323, 328, 304 and 120-B I.P.C. and Section 3(2)(V) of S.C./S.T. Act, Police Station- Banthara, District- Lucknow.
Learned counsel for the appellant has submitted that the offence has occurred on 20.10.2020. The deceased was admitted in the hospital on 21.10.2020. During treatment the deceased died on 21.10.2020 itself. The report of the hospital suggests that the cause of death is due to cardio respiratory failure. The inquest has been conducted on the same day in presence of the complainant in which no visible injury except scratch on the right rib and cut mark on the thumb of right leg was found. In the postmortem report apart from contusion the temporal and occipital bone have been found fractured. No such injury has been depicted by the inquest report on record. After due consultations and deliberations the complainant has lodged the F.I.R. on 28.10.2020. Even as per the version of the F.I.R., general role of assault has been levelled against five accused persons. The injured has died in the hospital and cause of death is due to cardio respiratory failure. The delay in lodging the F.I.R. has not been explained by the prosecution. Initially, the F.I.R. was registered under Sections 147, 364, 323, 328, 304 I.P.C. and Section 3(2)(V) of S.C./S.T. Act, however, after investigation charge-sheet has not been filed under Section 364 I.P.C. and the same has been dropped and allegation of kidnapping has not been found correct.
It is further submitted that, the appellant, having no criminal antecedents, is languishing in jail in this matter since 5.12.2020. Charge-sheet in the matter has already been submitted. There is no likelihood that the appellant-applicant after release on bail may flee from the process of law or will misuse the liberty of bail granted by this Court.
Learned A.G.A. opposes the prayer for bail, but could not confront the factual submissions made by the learned counsel for the appellant-applicant.
Considering the facts and circumstance of the case, without commenting upon merits, I am of the view that the learned court below has failed to appreciate the material available on record. In view of above, the order passed by the court below is liable to be set-aside.
Accordingly, the appeal is allowed and the order dated 18.12.2020 passed in Bail application No. 6695/2020, arising out of Case Crime No. 406/2020, under Sections 147, 323, 328, 304 and 120-B I.P.C. and Section 3(2)(V) of S.C./S.T. Act, Police Station- Banthara, District- Lucknow, is set aside.
Let the appellant-applicant/Ajendra Nath Tiwari @ Sonu Pandit involved in aforesaid case be released on bail on furnishing a personal bond with two heavy sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant 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.
(iv) The applicant 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 applicant 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 of the Indian Penal Code.
(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the 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 of the Indian Penal Code.
Order Date :- 19.2.2021 Vikas/-