Delay in lodging the FIR creates doubt on prosecution's credibility, impacting the anticipatory bail decision.

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

5 15-01-2026 Despite filing Vakalatnama, none appears on behalf of the respondent no. 2.

2. Heard learned counsel for the appellants and the State.

3. This appeal has been filed against the order dated

18.05.2024 passed by learned Additional Sessions Judge XI- cum Exclusive Special Judge, SC/ST Act, Gopalganj in ABP No. 1167 of 2024 arising out of Gopalganj SC/ST P.S. Case No. 23 of 2024 registered under Sections 341 , 323, 384, 504, 506 of the Indian Penal Code and Section 3 (1)(r)(s), 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , whereby the prayer for anticipatory bail of appellants has been rejected.

4. As per F.I.R., on 3.01.2024 at about 8 PM, while informant was returning home after selling fish and arrived near the house of these appellants, they stopped motorcycle of the informant, abused him by caste name, assaulted him with fists and slaps and took Rs. 10,000/- and his mobile phone. 5. Learned counsel for the appellants submits that appellants are innocent and have committed no offence. As a matter of fact, informant had borrowed Rs. 1,50,000/- from the appellants and to avoid repayment, this false and concocted case has been lodged against the appellants. Allegation against appellants is general and omnibus. F.I.R. has been lodged after inordinate delay of more than one month without any plausible explanation, which itself raises doubt over veracity of the prosecution case. It is not the case of informant that alleged incident occurred within public view and as such, no case under SC/ST Act is made out against the appellants. Appellants claim clean antecedent.

6. Learned Spl. Public Prosecutor for the State vehemently opposed the bail application.

7. Considering the nature of accusation, delay in lodging the F.I.R. and clean antecedent, let the appellants, as named above, in the event of their arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge XI-cum Exclusive Special Judge, SC/ST Act, Gopalganj in ABP No. 1167 of 2024 arising out of Gopalganj SC/ST P.S. Case No. 23 of 2024.

8. Accordingly, this criminal appeal is allowed and impugned order dated 18.05.2024 is set aside with respect to these appellants only.

(Prabhat Kumar Singh, J)