High Court

Appellant :- Abhishek Verma Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Another Counsel for Appellant :- Subham Srivastava,Rahul Srivastava Counsel for Respondent :- G.A. Hon'ble Brij Raj Singh,J.

1. Counter affidavit has been filed by the learned A.G.A. and the learned counsel for the appellant has also filed its reply/rejoinder-affidavit. These affidavits are taken on record.

2. As per office report dated 29.1.2025, notice has been served on the respondent No. 2, but none has appeared on her behalf.

3. Heard Sri Rahul Srivastava, learned counsel for the appellant, as well as the learned A.G.A. for the State and perused the entire record.

4. This Criminal Appeal under Section 14-A (2) of The Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred against the impugned order dated 21.1.2024 passed by the learned Special Judge, S.C./S.T. Act, Ambedkar Nagar, in Bail Application No. 2191 if 2024 arising out of Case Crime No. 203/2024 under Sections 376, 313, 504, 506, I.P.C. and Section 3(2)(v), 3(1)(Da) and 3(1)(Dha) of S.C./S.T. Act, P.S. Jahangeerganj, District Ambedkar Nagar.

5. Learned counsel for the appellant has submitted that after perusal of the F.I.R. it is apparent that there was consensual relation between the appellant and the victim, as she has stated that for the last three years she was having physical relation with the appellant. The learned counsel has invited attention of the court towards the statement of the victim recorded under Section 164, Cr.P.C. which also indicates that the physical relation was established out of love.

6. The learned counsel has also invited attention of the court towards the statement of P.W.1, who is victim/prosecutrix, which has been filed alongwith the supplementary affidavit dated 24.1.2025. In this statement also she has stated that she is 27 years of age and has done B.Sc. And B.Pharma and she was having physical relation with the appellant out of love and whatever physical relation was made, that was consensual.

7. It has been further submitted that after loking into the entire documents it does not transpire that it is a case of rape, rather, it is a case of consent. appellant has no criminal history and he is in jail since 03.08.2024

8. Learned A.G.A. has opposed the bail and has submitted that the girl was enticed and thereafter out of marriage-promise the physical relation was made, therefore, the bail is liable to be rejected.

9. Considering overall the arguments that physical relation was established by the prosecutrix herself out of love; she is well educated and 27 years of age; in her statement before the court prosecutrix has deposed that physical relation was made out consensual relation; appellant has no criminal history and he is in jail since 03.08.2024, it is a fit case for bail. The appeal is accordingly allowed.

10. Consequently, the impugned order dated 21.1.2024 passed by the learned Special Judge, S.C./S.T. Act, Ambedkar Nagar, in Bail Application No. 2191 if 2024 arising out of Case Crime No. 203/2024 under Sections 376, 313, 504, 506, I.P.C. and Section 3(2)(v), 3(1)(Da) and 3(1)(Dha) of S.C./S.T. Act, P.S. Jahangeerganj, District Ambedkar Nagar, is hereby set aside and reversed.

11. Let the appellant, Abhishek Verma be released on bail in the Case Crime No. 203/2024 under Sections 376, 313, 504, 506, I.P.C. and Section 3(2)(v), 3(1)(Da) and 3(1)(Dha) of S.C./S.T. Act, P.S. Jahangeerganj, District Ambedkar Nagar, with the following conditions:- (i) The appellant shall furnish a personal bond with two sureties each of like amount to the satisfaction of the court concerned. (ii) The appellant shall appear and strictly comply following terms of bond executed under section 437 sub section 3 of Chapter- 33 of Cr.P.C.:- (a) The appellant shall attend in accordance with the conditions of the bond executed under this Chapter. (b) The appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) The appellant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iii) The appellant shall cooperate with investigation /trial. (iv) The appellant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The appellant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (vi) In case, the appellant misuses the liberty of bail during trial, in order to secure his presence, proclamation under section 82 Cr.P.C. is issued and the appellant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code. (vii) The appellant shall remain present, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the appellant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. (viii) The trial court is also directed to expedite the trial of the aforesaid case by following the provisions of Section 309 Cr.P.C., strictly without granting any unnecessary adjournments to the parties, in case there is no other legal impediment. Order Date :- 5.2.2025 A.Nigam (Brij Raj Singh, J.)

Appellant :- Abhishek Verma Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Another Counsel for Appellant :- Subham Srivastava,Rahul Srivastava Counsel for Respondent :- G.A. Hon'ble Brij Raj Singh,J.

1. Counter affidavit has been filed by the learned A.G.A. and the learned counsel for the appellant has also filed its reply/rejoinder-affidavit. These affidavits are taken on record.

2. As per office report dated 29.1.2025, notice has been served on the respondent No. 2, but none has appeared on her behalf.

3. Heard Sri Rahul Srivastava, learned counsel for the appellant, as well as the learned A.G.A. for the State and perused the entire record.

4. This Criminal Appeal under Section 14-A (2) of The Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred against the impugned order dated 21.1.2024 passed by the learned Special Judge, S.C./S.T. Act, Ambedkar Nagar, in Bail Application No. 2191 if 2024 arising out of Case Crime No. 203/2024 under Sections 376, 313, 504, 506, I.P.C. and Section 3(2)(v), 3(1)(Da) and 3(1)(Dha) of S.C./S.T. Act, P.S. Jahangeerganj, District Ambedkar Nagar.

5. Learned counsel for the appellant has submitted that after perusal of the F.I.R. it is apparent that there was consensual relation between the appellant and the victim, as she has stated that for the last three years she was having physical relation with the appellant. The learned counsel has invited attention of the court towards the statement of the victim recorded under Section 164, Cr.P.C. which also indicates that the physical relation was established out of love.

6. The learned counsel has also invited attention of the court towards the statement of P.W.1, who is victim/prosecutrix, which has been filed alongwith the supplementary affidavit dated 24.1.2025. In this statement also she has stated that she is 27 years of age and has done B.Sc. And B.Pharma and she was having physical relation with the appellant out of love and whatever physical relation was made, that was consensual.

7. It has been further submitted that after loking into the entire documents it does not transpire that it is a case of rape, rather, it is a case of consent. appellant has no criminal history and he is in jail since 03.08.2024

8. Learned A.G.A. has opposed the bail and has submitted that the girl was enticed and thereafter out of marriage-promise the physical relation was made, therefore, the bail is liable to be rejected.

9. Considering overall the arguments that physical relation was established by the prosecutrix herself out of love; she is well educated and 27 years of age; in her statement before the court prosecutrix has deposed that physical relation was made out consensual relation; appellant has no criminal history and he is in jail since 03.08.2024, it is a fit case for bail. The appeal is accordingly allowed.

10. Consequently, the impugned order dated 21.1.2024 passed by the learned Special Judge, S.C./S.T. Act, Ambedkar Nagar, in Bail Application No. 2191 if 2024 arising out of Case Crime No. 203/2024 under Sections 376, 313, 504, 506, I.P.C. and Section 3(2)(v), 3(1)(Da) and 3(1)(Dha) of S.C./S.T. Act, P.S. Jahangeerganj, District Ambedkar Nagar, is hereby set aside and reversed.

11. Let the appellant, Abhishek Verma be released on bail in the Case Crime No. 203/2024 under Sections 376, 313, 504, 506, I.P.C. and Section 3(2)(v), 3(1)(Da) and 3(1)(Dha) of S.C./S.T. Act, P.S. Jahangeerganj, District Ambedkar Nagar, with the following conditions:- (i) The appellant shall furnish a personal bond with two sureties each of like amount to the satisfaction of the court concerned. (ii) The appellant shall appear and strictly comply following terms of bond executed under section 437 sub section 3 of Chapter- 33 of Cr.P.C.:- (a) The appellant shall attend in accordance with the conditions of the bond executed under this Chapter. (b) The appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) The appellant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iii) The appellant shall cooperate with investigation /trial. (iv) The appellant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The appellant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (vi) In case, the appellant misuses the liberty of bail during trial, in order to secure his presence, proclamation under section 82 Cr.P.C. is issued and the appellant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code. (vii) The appellant shall remain present, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the appellant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. (viii) The trial court is also directed to expedite the trial of the aforesaid case by following the provisions of Section 309 Cr.P.C., strictly without granting any unnecessary adjournments to the parties, in case there is no other legal impediment. Order Date :- 5.2.2025 A.Nigam (Brij Raj Singh, J.)