The Allahabad High Court has granted the bail of the accused of crimes registered under various sections of IPC including SC/ST Act at Padrauna police station in Kushinagar.
A Single Bench of Justice Nand Prabha Shukla passed this order while hearing a Criminal Appeal filed by Lallan Chauhan and 3 Others.
The appeal under section 14-A(1) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been filed against the order dated 27.10.2023 passed by the Additional Session Judge/Special Judge, SC/ST Act, Kushinagar at Padrauna in Session Trial, arising out of Case under Sections 323/34, 504, 506 IPC, and Section 3(1)(10) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station-Kotwali Padrauna, District Kushinagar by which appellants were convicted and punished as under :
Section 323/34 – 6 months simple imprisonment with fine of Rs 500/- and in default of payment of fine additional simple imprisonment of 1 week.
Section 504 I.P.C – 1 year simple imprisonment with fine of Rs 1,000/- and in default of payment of fine additional simple imprisonment of 15 days.
Section 506 IPC – 1 year simple imprisonment with fine of Rs 1,000/- and in default of payment of fine additional simple imprisonment of 15 days.
Section 3(1)(10) SC/ST Act – 3 years simple imprisonment with fine of Rs 2,000/- and in default of payment of fine additional simple imprisonment of 1 month.
The contention of counsel for the appellants is that the impugned judgement and order has been passed on the basis of conjectures and surmises.
It is further submitted that the trial court has committed an illegality in appreciating the evidence on record.
It is also submitted that the conviction and sentences awarded by the court below are illegal and bad in the eye of law. There is neither cogent evidence against the appellants nor there is any evidence that the appellants are involved in the alleged offence.
It is also submitted that during trial, the appellants were on interim bail.
Per contra, A.G.A has opposed the bail prayer of the appellants.
“Considering the fact that the appellants are on interim bail and there is nothing on record to demonstrate that if the appellants are enlarged on bail, would affect the trial adversely, the appellants are entitled to be enlarged on bail”, the Court observed.
The Court order that,
Let the appellants-Lallan Chauhan, Ramayan Chauhan, Nate Chauhan and Cheedi Chauhan be released on bail in above case on their furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
The appellants will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
They shall not tamper with the witnesses.
They shall not indulge in any illegal activities during the bail period.
The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
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