High Court

Hon'ble Nalin Kumar Srivastava,J.

1. Despite service of notice, none appears on behalf of respondent no.2 even in the revised call.

2. This criminal appeal under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant - Vikash Kumar with the prayer to allow the appeal, set aside the bail rejection order dated 6.7.2024 passed by Incharge Addl. Sessions Judge / Special Judge (SC/ST Act), Mirzapur and release the appellant on bail in case crime no.225 of 2022 under Sections 302 IPC, 4/25 Arms Act and Section 3 (2) (v) S.C./S.T. Act, Police Station Adalhat, District Mirzapur.

3. Heard learned counsel for the appellant, learned A.G.A. for the State and perused the entire record.

4. Prosecution story, as unfolded in the F.I.R., is that the deceased Poonam aged about 15 years had gone to ease herself on 26.11.2022 at about 4 A.M. but she did not come back. On the same day, her dead body was found at some distance from her house. One Ameer Kumar was having one-sided affair with the deceased and on the basis of suspicion, the F.I.R. was lodged against the said Ameer Kumar under Section 302 IPC on 26.11.2022 at 22:13 hours. However, during investigation the name of the present accused appellant came to surface.

5. It is submitted by the learned counsel for the appellant that the appellant is innocent and has been falsely implicated in this case. He has not committed the present offence. Alleged offences are not attracted against him. It is also submitted that the prosecution story is totally false and fabricated. Appellant is not named in the F.I.R. He had actually no motive to do away with the deceased. It is also submitted that in the F.I.R. itself some Ameer Kumar was alleged by the informant himself for having one-sided affair with his daughter. It is also submitted that the appellant had no motive at all to commit the crime. It is also submitted that the story of recovery of desi pistol and one knife on the pointing out of the appellant by the police is false and concocted story of the police. It is also submitted that the criminal history of the appellant has been explained in the affidavit itself. He is languishing in jail since 29.11.2022 and now charge-sheet in this matter has been submitted. It is further submitted that the bail application of the appellant has been rejected in an illegal manner by the Special Judge (S.C./S.T. Act), Mirzapur. It is further submitted that the Court concerned while passing the impugned order did not take into account the facts and evidence available on record in right perspective and erred in passing the same. It is lastly submitted that the impugned order rejecting the bail application of the appellant suffers from infirmity and illegality warranting interference by this Court. On the basis of aforesaid points, a prayer for grant of bail by allowing the present appeal has been made.

6. On the other hand, learned A.G.A. vehemently opposed the present appeal and it has been submitted that although the accused appellant is not named in the F.I.R. but during investigation the police came to know that he was the person who was having one- sided affair with the deceased and when she refused to marry him, her murder was caused by the present accused appellant. It is also submitted that several injuries have been found upon the body of the deceased and the murder weapons i.e. country made pistol and knife have been recovered on the pointing out of the present accused appellant. There is no possibility of false implication of the appellant. It is also submitted that the Investigating Officer of the case has recorded the statement of two independent witnesses of 'last seen together'. It is also submitted that the accused appellant and the deceased both were seen together on 26.11.2022 and just on the next day, the dead body of the deceased was found. It is also submitted that the accused appellant very well knew that the deceased was a member of marginal section of the society and she belonged to SC/ST community. It is also submitted that the Investigating Officer has collected ample evidence against the appellant and charge-sheet in this matter has been submitted. There is no infirmity or illegality in the impugned order rejecting the bail application of the accused appellant. It is also submitted that the active participation of the accused appellant in the commission of the crime has been come into light on the basis of the evidence collected during investigation. The appellant is not entitled for any relaxation and his bail application is liable to be rejected and the appeal is liable to be dismissed.

7. I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record including the impugned order carefully.

8. Considering the facts and circumstances of the case, the rival submissions made by the parties, nature of offence, complicity of accused and taking into account the fact that the deceased belonged to weaker section of the Society and ample evidence was collected by the Investigating Officer against the present accused appellant as well and his active participation in the commission of the crime has been come into light on the basis of the evidence collected during investigation, this Court finds that no ground is made out to allow the appeal, set-aside the anticipatory bail rejection order and release the accused appellant on bail. The court concerned has properly considered the case of the appellant. Hence, in view of the above consideration, the order of rejection of bail passed by the court concerned dated 6.7.2024 is affirmed.

9. Accordingly, this appeal is dismissed. Order Date :- 19.2.2025

Hon'ble Nalin Kumar Srivastava,J.

1. Despite service of notice, none appears on behalf of respondent no.2 even in the revised call.

2. This criminal appeal under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant - Vikash Kumar with the prayer to allow the appeal, set aside the bail rejection order dated 6.7.2024 passed by Incharge Addl. Sessions Judge / Special Judge (SC/ST Act), Mirzapur and release the appellant on bail in case crime no.225 of 2022 under Sections 302 IPC, 4/25 Arms Act and Section 3 (2) (v) S.C./S.T. Act, Police Station Adalhat, District Mirzapur.

3. Heard learned counsel for the appellant, learned A.G.A. for the State and perused the entire record.

4. Prosecution story, as unfolded in the F.I.R., is that the deceased Poonam aged about 15 years had gone to ease herself on 26.11.2022 at about 4 A.M. but she did not come back. On the same day, her dead body was found at some distance from her house. One Ameer Kumar was having one-sided affair with the deceased and on the basis of suspicion, the F.I.R. was lodged against the said Ameer Kumar under Section 302 IPC on 26.11.2022 at 22:13 hours. However, during investigation the name of the present accused appellant came to surface.

5. It is submitted by the learned counsel for the appellant that the appellant is innocent and has been falsely implicated in this case. He has not committed the present offence. Alleged offences are not attracted against him. It is also submitted that the prosecution story is totally false and fabricated. Appellant is not named in the F.I.R. He had actually no motive to do away with the deceased. It is also submitted that in the F.I.R. itself some Ameer Kumar was alleged by the informant himself for having one-sided affair with his daughter. It is also submitted that the appellant had no motive at all to commit the crime. It is also submitted that the story of recovery of desi pistol and one knife on the pointing out of the appellant by the police is false and concocted story of the police. It is also submitted that the criminal history of the appellant has been explained in the affidavit itself. He is languishing in jail since 29.11.2022 and now charge-sheet in this matter has been submitted. It is further submitted that the bail application of the appellant has been rejected in an illegal manner by the Special Judge (S.C./S.T. Act), Mirzapur. It is further submitted that the Court concerned while passing the impugned order did not take into account the facts and evidence available on record in right perspective and erred in passing the same. It is lastly submitted that the impugned order rejecting the bail application of the appellant suffers from infirmity and illegality warranting interference by this Court. On the basis of aforesaid points, a prayer for grant of bail by allowing the present appeal has been made.

6. On the other hand, learned A.G.A. vehemently opposed the present appeal and it has been submitted that although the accused appellant is not named in the F.I.R. but during investigation the police came to know that he was the person who was having one- sided affair with the deceased and when she refused to marry him, her murder was caused by the present accused appellant. It is also submitted that several injuries have been found upon the body of the deceased and the murder weapons i.e. country made pistol and knife have been recovered on the pointing out of the present accused appellant. There is no possibility of false implication of the appellant. It is also submitted that the Investigating Officer of the case has recorded the statement of two independent witnesses of 'last seen together'. It is also submitted that the accused appellant and the deceased both were seen together on 26.11.2022 and just on the next day, the dead body of the deceased was found. It is also submitted that the accused appellant very well knew that the deceased was a member of marginal section of the society and she belonged to SC/ST community. It is also submitted that the Investigating Officer has collected ample evidence against the appellant and charge-sheet in this matter has been submitted. There is no infirmity or illegality in the impugned order rejecting the bail application of the accused appellant. It is also submitted that the active participation of the accused appellant in the commission of the crime has been come into light on the basis of the evidence collected during investigation. The appellant is not entitled for any relaxation and his bail application is liable to be rejected and the appeal is liable to be dismissed.

7. I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record including the impugned order carefully.

8. Considering the facts and circumstances of the case, the rival submissions made by the parties, nature of offence, complicity of accused and taking into account the fact that the deceased belonged to weaker section of the Society and ample evidence was collected by the Investigating Officer against the present accused appellant as well and his active participation in the commission of the crime has been come into light on the basis of the evidence collected during investigation, this Court finds that no ground is made out to allow the appeal, set-aside the anticipatory bail rejection order and release the accused appellant on bail. The court concerned has properly considered the case of the appellant. Hence, in view of the above consideration, the order of rejection of bail passed by the court concerned dated 6.7.2024 is affirmed.

9. Accordingly, this appeal is dismissed. Order Date :- 19.2.2025