Dinesh Mehta, J
1. The present appeal has been filed by the applicants under Section 14(A)(2) of the S.C. S.T. Act in connection with FIR No.317/2023, registered at Police Station Taranagar, District Churu for the offence under Section 341, 323, 307 & 143 of the Indian Penal Code, 1860 and 3(1)(r), 3(1)(s) 3(2)(v) & 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘the Act of 1989’).
2. Learned counsel for the appellants submitted that while registering the FIR, the complainant had specifically mentioned that the principal accused Ramesh Kumar alongwith his 6-7 friends have intercepted in and beaten him with lathi. He submitted that said Ramesh Kumar has been enlarged on bail by a Coordinate Bench of this Court vide its order dated 07.11.2023 passed in S.B. Criminal Appeal No.2315/2023 and therefore, the present appellants whose case stands on the better footing, are entitled to be enlarged on bail.
3. Learned Public Prosecutor opposed the bail of the appellants while submitting that so far as release of Ramesh Kumar is concerned, the Coordinate Bench has enlarged him on bail in light of the compromise having been taken place between the complainant and Ramesh Kumar.
4. Learned Public Prosecutor invited Court’s attention towards the para No.5 of the order dated 14.12.2023, passed by the trial Court and highlighted that the injured in his statement given under Section 161, Cr.P.C. has attributed the injury to the present applicants (Sonu Kumar & Harish Kumar), while specifically stating that Ramesh (principal accused) had not given him any beating.
5. Heard learned counsel for the parties and perused the material available on record.
6. In the opinion of this Court, the first version given by the injured has to be given due credence. It is to be noted that at first instance, the injured had specifically accused Ramesh Kumar of giving injury on temporal and mastoid bone. Surprisingly having entered into a compromise with the principal accused (Ramesh Kumar), he took a somersault and changed his version when his statements under Section 161 of the Cr.P.C. were recorded. It is noteworthy that in the statement under Section 161 of the Cr.P.C, the complainant completely took the principal accused Ramesh Kumar out of the picture and indicted the present appellants.
7. Such skewed or changed version of the complainant reflects upon his conduct and shows that the compromise is not bonafide. It is either under coercion or under inducement.
8. Consequently, the appeal is allowed. The impugned order dated 14.12.2023 passed by learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Churu is set aside. It is ordered that appellants (1) Sonu Kumar @ Honey Singh S/o Rajkumar & (2) Harish Kumar S/o Budhram arrested in connection with FIR No.317/2023, registered at Police Station Taranagar, District Churu shall be released on bail on their furnishing personal bond in the sum of Rs.50,000/- each and two sureties of Rs.25,000/- each to the satisfaction of the learned trial Court.
9. Appellants shall be required to appear before the trial Court on all dates of hearing and as and when called upon to do so.
