Heard learned Counsel for the appellant-applicant, learned AGA, learned counsel for the informant and perused the record.
This Criminal appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant with the prayer to set aside the bail rejection order dated 26.06.2020 passed by learned Prabhari Special Judge (SC/ST Act), Sant Kabir Nagar in Criminal Misc. Bail Application No. 347 of 2020 arising out of Case Crime No. 146 of 2020, under Sections 452, 386, 323, 504, 506 I.P.C. and Section 3(2)(5) SC/ST Act, P.S.- Mahuli, District- Sant Kabir Nagar.
It has been submitted by learned Counsel for the appellant-applicant that appellant is innocent and has falsely been implicated due to ulterior motive; that FIR was lodged after delay of one day without any plausible explanation; that prior to the alleged incident a Panchayat was held between the informant and their co-sharer about the land dispute and being villagers appellants were also present there and were raised objection about the act and conduct of informant due to this reason the informant have enmity with the appellants and lodged the present false FIR with concocted story. Besides above submissions, the circumstances which according to learned counsel for the applicant led to the false implication of the accused-applicant has also been tried to be touched upon at length; that applicant is in jail since 01.06.2020. Under the similar circumstances co- accused Pradum and and Rohit have already been admitted to bail by coordinate Bench of this Court on 14.10.2020 in Criminal Appeal No.2052 of 2020, copy where has been produced by the appellant, the same is taken on record.
Learned AGA and learned counsel for the informant have opposed the submission made on behalf of the appellant.
I have considered the rival submissions made by learned Counsel for the parties and have gone through the entire record including the impugned order by which, bail application of the appellant-applicant has been rejected.
Having regard to the facts and circumstances of the case and keeping in view the evidence, complicity of accused, this Court is of the view that the appellant has made out a case for bail.
Accordingly, this appeal is allowed and finally disposed of. The impugned order rejecting the bail application of the appellant-applicant is set aside.
Let the above named accused-appellant, namely, Shiv Kamal @ Sheru involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to following conditions;
1. The appellant shall not tamper with the prosecution evidence, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.
2. In case of breach of any of the conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the appellant and sureties be verified by the court concerned before the bonds are accepted.
3. However, if due to Covind-19 pandemic, the Sub-ordinate Court is under lockdown, the appellant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
5. 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.
It is made clear that in the event the Sub-ordinate Court is functional as usual then the normal procedure/ mode of filing bail bonds and two sureties each in the like amount to the satisfaction of the Court concerned will be adopted.
Needless to note that observation, if any, has come in this order, that is only for the purpose of deciding this appeal and learned Trial Judge will not be influenced in any manner while deciding the trial.
Order Date :- 8.4.2021 Raj