Heard learned counsel for the appellant and learned A.G.A. for the State.
This criminal appeal under Section 14-A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed challenging the order dated 6.10.2020 passed by Special Judge, SC/ST Act in Bail Application No. 1892 of 2020 arising out of Case Crime No. 362 of 2020, under Sections 376-D, 504, 506 IPC and Section 3(2) 5A, 3(2)(5) of SC/ST Act, Police Station Lalganj, District Pratapgarh, seeking bail in the aforesaid sections.
The contention of learned counsel for the appellant is that the appellant has been implicated in the present case due to ulterior motive. He is innocent and did not commit any offence as alleged. It is further submitted that the first information report is highly delayed by six months and there is grave contradiction in the contents of first information report and the statement recorded under Section 164 Cr.P.C. which shows that the story set up by the prosecution is highly improbable. Several other submissions in order to demonstrate the falsity of the allegations made against the appellant have also been placed forth before the Court. The circumstances, which according to the counsel led to false implication of the accused, have also been touched upon at length. It has been assured on behalf of the appellant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. The appellant has no criminal history. He is in jail since 10.8.2020.
Learned counsel appearing for the opposite party vehemently opposed the prayer.
I have heard the arguments advanced by learned counsel for the parties and perused the material available on record.
Considering the facts and circumstances of the case and the arguments advanced on behalf of both the sides, the appeal has substance hence this appeal as also the bail application are allowed and the order dated 6.10.2020 is hereby set aside.
Let the appellant ? Avinash Mishra alias Rishu Mishra be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned, with the following conditions:
(1) The appellant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial;
(2) 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. He 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;
(3) 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.; and (4) In case, the appellant 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 appellant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 27.8.2021 Digamber