Since both the appeals arise out of Siwan SC/ST P.S. Case No. 21 of 2021, as such, they have been heard together and are being disposed of by this
common judgment.
Notice has been validly served upon the respondent no. 2 but no one appears on behalf of the respondent no.2. Considering the valid service of notice,
the matter is proceeded even in absence of respondent no. 2.
Heard learned counsel for the appellants, learned Spl.PP for the State.
Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical
removal of defect.
This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of
prayer for bail by order dated 24.01.2022 passed by the learned 1st Additional Sessions Judge-cum-Special Court Siwan, in connection with SC/ST
P.S. Case No. 21 of 2021, registered for the alleged offences under Sections 341, 323, 379, 504, 506 and 34 of the Indian Penal Code and Sections 3
(i), (r), (s)/ 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
As per the prosecution case, the appellants and the co-accused surrounded the informant and appellant Dhirendra Singh grossly abused him taking his
caste name and hit the informant on his chest with bamboos stick causing injuries to him. Appellant Dhirendra Singh also took away Rs. 13,000/-from
the pocket of the informant the money which belonged to the owner of the tractor, namely, Nagendra Singh and the informant is stated to be its driver.
The learned senior counsel for the appellants submits that the occurrence took place on 19.08.2021 at about 07.30 AM but FIR has been registered at
10.00 AM on 20.08.2021. Meanwhile, the informant went to the hospital and got himself treated and got an injury report from the hospital, all on his
own. Learned senior counsel further submits that the whole occurrence took place as the owner of the tractor, Nagendra Singh as has been named in
the FIR was the then Mukhiya of Bharauli Panchayat and appellant Abhimanyu Singh had been contesting the election for the said post of Mukhiya
and due to this political rivalry the appellant Abhimanyu Singh and the appellant Dhirendra Singh who is a supporter of appellant Abhimanyu Singh,
have been falsely implicated. The said Nagendra Singh also got instituted other cases against the appellants to stop the appellant Abhimanyu Singh
from contesting the ensuing Mukhiya election. Further this case is a counter case as a few days before the appellant Dhirendra Singh filed a case
against Nagendra Singh and others vide Andar P.S. Case No. 151 of 2021 on 17.08.2021. Learned senior counsel further submits that even on the
facts of the case, it is apparent that there has been no repetition of blow and when cognizance has been taken, no cognizance was taken for offence
under Section 307 of IPC. Injury report is also suspect. Thus, it has been submitted on behalf of the appellants that there is strong possibility of false
implication and the appellants are in custody since 30.09.2021 and the charge-sheet has been submitted against them.
Learned Spl. PP opposes the submissions made on behalf of the appellants. She has pointed out that from the impugned order, it is apparent that three
ribs of the informant were found fractured and there is specific allegation against the appellants Abhimanyu Singh and Dhirendra Singh that they
abused and assaulted the informant.
Having regard to the submissions made hereinabove and considering the fact about previous enmity between the parties and further considering the
case and counter case between the appellants' side as well as the informant's side on account of political rivalry and false implication is a strong
possibility and also considering the period of their custody, the appellants above named are directed to be released on bail on furnishing bail bond of
Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cum-Special
Court, Siwan, in connection with SC/ST P.S. Case No. 21 of 2021, subject to the conditions mentioned in Section 437(3) of the Code of Criminal
Procedure and also the following conditions :
(i) The bail bond of the appellants will be accepted only after framing of charge, if not already framed.
(ii) One of the bailors will be a close relative of the appellants.
(iii) The appellants will remain present on each and every date fixed by the court below.
(iv) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the appellants will be liable to be cancelled
by the court concerned.
Accordingly, the impugned order is set aside and the appeal is allowed.
The learned trial court is directed to expedite the trial and take immediate steps for framing of the charge.
