Allahabad High Court
Shiv Shankar Pal vs State Of U.P. & Anr. on 6 May, 2021
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 26
Case :- CRIMINAL APPEAL No. - 691 of 2021
Appellant :- Shiv Shankar Pal
Respondent :- State Of U.P. & Anr.
Counsel for Appellant :- Pawan Kumar Pandey,Mohd. Amir Khan
Counsel for Respondent :- G.A.
Hon'ble Alok Mathur,J.
1. Heard Sri Pawan Kumar Pandey, learned counsel for the appellant, learned AGA for the State and perused the record.
2. This criminal appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant against the judgment and order dated 26.03.2021 passed by learned Special Judge (SC/ST Act), Lucknow in Bail Application No. 2040 of 2021 arising out of Case Crime No. 92 of 2021, under Sections 427, 504, 506, 394, 354-Kha of IPC and Section 3(1)(Da) (Dha), 3(2)(V), 3(1)Ba (1) of SC/ST Act, Police Station Krishna Nagar, District Lucknow whereby his bail application has been rejected.
3. As per First Information Report it has been stated that the applicant along with other persons had purchased eggs from the complainant and when she asked for money there has been some dispute between them and that allegation made in first information report that appellant has abused the complainant using caste indicative words are false and baseless. It has been submitted that applicant did not know the complainant prior to the incident and also not aware about the caste of the complainant and therefore, allegations regarding SC/ST Act are arbitrary and thus, no case under SC/ST Act is made out. Learned counsel for the appellant has further submitted that the appellant is in jail since 07.03.2021 and there is no chance of appellant fleeing away from the judicial process or tampering with the witnesses, as such, he may be released on bail.
4. Per contra, learned AGA has vehemently opposed the prayer for bail and argued that appellant is named in first information report and that after incident he has abused and threatened the complainant by using caste indicative words. It was submitted that there is no illegality or perversity in the impugned order.
5. I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record including the impugned order carefully.
6. Having regard to the facts and circumstances of the case and keeping in view the nature of the offence, evidence and complicity of the accused, the Court is of the opinion that the appellant has made out a case for bail. The court below erred in rejecting the bail application. The impugned order suffers from infirmity and illegality and the same is liable to be set-aside and the criminal appeal is liable to be allowed.
7. Accordingly, this criminal appeal is allowed and the impugned order dated 26.03.2021 rejecting the bail application of the appellant is set-aside.
8. Let appellant Shiv Shankar Pal be released on bail in aforesaid case on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to 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 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 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 during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the appellant 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 absence of the appellant 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.
9. In case of breach of any of the above conditions, the Court below shall be at liberty to cancel the bail and proceed against the applicant in accordance with law.
10. The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by him alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
11. The concerned Court/Authority/Official shall verify the authenticity of the 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 :- 6.5.2021
Mohit
