Heard learned counsel for the appellant, learned A.G.A. appearing for the State and perused the record.
This criminal appeal has been filed by the appellant under Section 14A (2) the Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 to set aside the order dated 26.11.2020 passed in Bail application No. 175/2020, arising out of case crime No. 382/2020, under Sections 452/307/504/506/120B I.P.C. and Section 3(2)(5) of S.C./S.T. Act, Police Station Palia, District Kheri.
Learned counsel for the appellant while pressing the appeal submits that, the appellant has been falsely implicated in this case. Nothing as claimed by the prosecution has been committed by the appellant.
Learned counsel for the appellant submits that the appellant is not named in the F.I.R., neither has been named in the statement under Section 161 Cr.P.C., however, the injured was discharged on 02.07.2020 and her statement was recorded after 8 days of the incident, in which for the first time the injured has taken the name of the co-accused Salamat and one unknown person. On the basis of the confessional statement of co-accused Salamat, the name of the present appellant has surfaced in the present case. No test identification parade has been conducted by the police. Neither the injured nor the complainant have recognized the appellant. The alleged recovery of fire arm and Bajaj Motorcycle have no connection with the present case. There is no injury of fire arm upon the injured. No knife or sharp edged weapon has been recovered from the appellant. The appellant has explained his criminal history of two cases in para 15 and 17 of the bail application. Only on the basis of confessional statement of the co-accused which too was recorded in the police custody, the appellant has been made accused. There is no explanation of delay in recording the statement of the injured witness. No motive has been assigned to the appellant.
It is further submitted that, the appellant is languishing in jail in this matter since 24.09.2020. Charge sheet in the matter has been filed. 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 26.11.2020 passed in Bail application No. 175/2020, arising out of case crime No. 382/2020, under Sections 452/307/504/506/120B I.P.C. and Section 3(2)(5) of S.C./S.T. Act, Police Station Palia, District Kheri, is set aside.
Let the appellant-applicant Chhinda, involved in aforesaid case be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The appellant will not tamper with the evidence during the trial.
(ii) The appellant will not pressurize/ intimidate the prosecution witness.
(iii) The appellant 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 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.
(v) 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.
(vi) 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 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.
The pending application, if any, too stands disposed of.
Order Date :- 17.8.2021 R.C.