Court No. - 74
Case :- CRIMINAL APPEAL No. - 2856 of 2021 Appellant :- Chandrika Singh And Another Respondent :- State of U.P. and Another Counsel for Appellant :- Ravindra Prakash Srivastava Counsel for Respondent :- G.A.
Hon'ble Subhash Chand,J.
Heard learned counsel for the appellant, learned Additional Government Advocate for the State-respondent and perused the paper book.
This criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, has been filed challenging the order dated 16.06.2021, passed by the Special Judge (SC/ST Act) SantKabir Nagar, arising out of Case Crime No. 238 of 2021 , under sections 323, 504, 506, 304 I.P.C. and 3(2) (V) Scchedule Caste and Schedule Tribe Act, P.S. Dhanghata, District Santkabir Nagar, seeking bail in the aforesaid sections.
The facts giving rise to the present appeal may be summarized as under:
Learned counsel for the appellant in support of his prayer for bail submits that the impugned order of the court's below is illegal and perverse. The court's below has not appreciated the evidence available on record in proper perspective. It is further submitted that applicants/appellants are innocent and no specific role has been shown in the F.I.R. The role of all the accused are shown general. No filthy language indicating caste related words is used by the appellants. Initially the F.I.R was lodged under Section 323, 504, 506 I.P.C and 3(1)(D), 3(1)(Dha) of S.C/S.T Act and during treatment injured Jawahar Lal died due sustaining injuries and Section 304 I.P.C was enhanced. It is further submitted that deceased sustained only one injury on account of which, his death was caused while the accused who are alleged in the F.I.R are four. The report of the same incident was lodged on behalf of the appellant which was registered as NCR under Section 323, 504, 427 I.P.C against Vijay Bahadur @ Jhinku, Jawahar Lal, Lal Bihari and Sandeep @ Gunnu and three persons were injured from the side of appellant. The injury report of Lallan, Narendra @ Babban, Mudrika are annexed with the affidavit.
Learned A.G.A vehemently opposed the contentions of the learned counsel for the appellant and contended that although single injury was inflicted to the deceased and the same was fatal and on account of that injured Jawahar Lal died.
In view of the submissions and also cross versions of the same incident in which three injured persons are also from the side of the appellant, in same incident. At this stage, it cannot be ascertained who was the aggressor.
Considering the facts and circumstances of the case and the arguments advanced on behalf of both the sides, the appeal has substance, hence the appeal is allowed and the order dated 16.06.2021 is hereby set aside.
Let appellant, Chandrika Singh and Mundrika @ Mundrika Singh, be released on bail in Case Crime No. 238 of 2021, under Sections 323, 504, 506, 304 IPC and 3(2)(v) S.C/S.T Act, P.S. Dhanghata, District Sant Kabir Nagar, on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:
(i). The appellant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence, if 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;
(ii). The appellant 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;
(iii). In case, the appellant misuses the liberty of bail 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.
(iv) 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 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 his bail and proceed against him in accordance with law.
Order Date :- 24.8.2021 PS