Sri Chandra Prakash Verma, learned counsel for the appellants and Dr. Gyan Singh, learned AGA for the State. None for the private respondent though served.
The appeal is formally admitted for hearing.
With the consent of parties, the case is heard finally.
Challenge in the present appeal is to the impugned order dated 22.06.2019 passed by the Special Judge SC/ST Act Lucknow in Bail Application No. 3907 of 2019, whereby the court below has rejected the application as filed by the appellants for grant of bail, arising out of Crime No. 756/2016, under Sections 147, 148, 323, 504, 506, 452 of I.P.C. read with Section 3(1)Da, Dha of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Thakurganj, District Lucknow.
As per prosecution case, on 24.07.2016, FIR was lodged by complainant Sri Krishna Sonkar alleging in it that on the previous night at about 09.00 p.m., the accused appellants and their family members, who are their neighbors, had some altercation with him and then they entered his house and caused injuries to him and his other family members by clubs, rod, and sharp edged weapon. He states that number of injuries have been sustained by him and his family members. Based on this FIR, offence under Sections 147, 148, 452, 323, 504, 506 of I.P.C. read with Section 3(1)10 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was registered against the appellants.
Counsel for the appellants submits:
(i) that even as per contents of FIR, there exits a land dispute between the two families and appellants have been falsely implicated along with their family members.
(ii) that the injuries sustained by the injured are simple in nature.
(iii) that the complainant party and the accused persons are neighbors and there is every likelihood of amicable settlement between the parties.
(iv) that the detention of the appellants may aggravate the situation.
(v) that the provisions of the SC/ST Act do not attract against the appellants, as it is not the case of the prosecution that because he belongs to a particular caste, he was subjected to offence by the appellants.
(vi) that the appellants are in jail since 22.06.2019 and the trial may take some time for its final disposal, therefore, the appellants be released on bail.
On the other hand State counsel opposes.
Considering the totality of the case, in particular, the nature of allegation leveled against the appellants and the evidence collected by the prosecution, without further commenting on merit, I am inclined to release the appellants on bail.
Accordingly, the appeal is allowed and the impugned order is set aside.
Let the appellants Rakesh Lodh and Chotu be released on bail in the aforesaid case crime number on furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand) each and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The appellants shall file an undertaking to the effect that they shall not seek any adjournment on the date 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.
(ii) The appellants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under section 229-A I.P.C.
(iii) In case, the appellants misuse the liberty of bail during trial and in order to secure their presence, proclamation under section 82 Cr.P.C. may be issued and if appellants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under section 174-A I.P.C.
(iv) The appellants shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under section 313 Cr.P.C. If in the opinion of the trial court absence of the appellants 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 them in accordance with law.
(v) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the appellants.
However, it is made clear that any wilful violation of above conditions by the appellants, shall have serious repercussion on their bail so granted by this court and the trial court is at liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.
Order Date :- 30.7.2019 SK