Heard learned counsel for the applicant/appellant, learned A.G.A. for the State and perused the material available on record.
This appeal has been preferred under Section 14 (A) (2) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 against impugned order dated 14.12.2020 passed by learned Special Judge, (SC/ST Act), Gonda, in Bail Application No. 6297 of 2020 arising out of Case Crime No.641 of 2020, under Sections 147, 148, 323, 504, 308 & 506 IPC and Section 3 (1) Gha 3 (2) Va of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, Police Station Mohanlalganj, District Lucknow. Bail Application No. 6297 of 2020 of the applicant has been rejected vide impugned order dated 14.12.2020.
Learned counsel for appellant has submitted that the appellant is innocent and has falsely been implicated in the aforesaid crime. It is also submitted that initially the FIR was lodged by the complainant against the the appellant and other six perosns but after investigation the charge sheet was submitted against the appellant Sachin Sahu as well as Ramnaresh Sahu and Dinesh Sahu and other named accused exonerated during investigation. Learned counsel for appellant submitted that no specific role assigned against the appellant inflicting the injury to the injured and it is also submitted that all injuries attributed to the injured are simple in nature. So offence under Section 308 is not made out. Learned counsel further submitted that the cross FIR was also lodged on behalf of appellant side against the informant under Sections 325, 506, 504, 323 and 147 I.P.C. The appellant is languishing in jail since 16.11.2020. The applicant has no criminal history. Learned counsel for the appellant has further submitted that if the appellant/applicant is released on bail, he would not misuse liberty of bail and is ready to co-operate in the trial.
Learned A.G.A. for the State has vehemently opposed the prayer for bail and has submitted that the offence is serious in nature and appellant has no ground to release on bail and the bail application is liable to be rejected.
After hearing the rival submissions of the parties, and perused the record, without expressing any opinion on merits, I find that it is a fit case for grant of bail of appellant/applicant.
Impugned order dated 14.12.2020 is hereby set aside.
The appeal is hereby allowed.
Let appellant (Praveen Sahu @ Sachin Sahu) be enlarged on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(i) The appellant/applicant shall not tamper with the evidence of witnesses and shall not commit any offence.
(ii) The appellant/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.
(iii) The appellant/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.
(iv) In case, the appellant/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.
(v) The appellant/applicant 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 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.
(vi) The accused/appellant shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(viii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 13.8.2021 Md Faisal