Point of Law: Grant of bail - False implication - Nature of allegation and period of custody already undergone.

JUDGMENT :

BIRENDRA KUMAR, J.

1. The matter has been taken up through virtual Court proceeding.

2. Heard learned counsel for the parties.

3. This is an appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST Act”) against the refusal of prayer for regular bail vide order dated 14.09.2020 passed by the learned 1st Additional Sessions Judge-cum-Special Judge, Siwan in connection with Siwan Muffasil P.S. Case No. 408 of 2019 registered under Sections 302, 120(B)/34 of the Indian Penal Code, Section 27 of the Arms Act as well as Sections 3(i)(r)(s)2(v) of the SC/ST Act.

4. The deceased son of the informant stated to the informant that the appellant and others had caught him whereas Babu Tiwary fired with his gun causing injury.

5. Learned counsel for the appellant submits that the appellant has been falsely implicated in this case. He is in custody since 03.12.2019. Investigation of the case against the appellant is already complete.

6. Considering the nature of allegation and period already undergone, let the appellant, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with the aforesaid case, subject to the following conditions:-

(a) The appellant shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the appellant.

(b) Both the bailors shall be resident of territorial jurisdiction of the learned court below.

(c) The appellant shall not leave the country without permission of the learned trial court.

7. Accordingly, the impugned order is set aside and this appeal stands allowed.