High Court

Hon'ble Nalin Kumar Srivastava,J.

1. Despite service of notice, none is present for the informant / opposite party no.2 when the case was called out.

2. Supplementary affidavit filed today is taken on record.

3. This criminal appeal under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant - Vishal Gaud with the prayer to allow the appeal, set aside the bail rejection order dated 3.1.2025 passed by the Special Judge (SC/ST Act), Gorakhpur and release the appellant on bail in Case Crime No.532 of 2024 under Sections 69, 191(2), 333, 115(2), 352, 351(2), 351(3) B.N.S. and Sections 3(2) (v), 3(2)(va), 3(1)Da, Dha S.C./S.T. Act, Police Station Chauri Chaura, District Gorakhpur.

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

5. The prosecution opened its two folded story wherein in the first phase it was alleged that on the false pretext of marriage, the present accused appellant had been making physical and mental harassment with the daughter of the informant and in the second fold it was alleged that when the prosecutrix insisted upon the appellant for marriage, the family members of the appellant came to the house of the informant and bitterly beaten the informant and her daughter. After lodging of the F.I.R. investigation started which culminated into the charge-sheet.

6. It is submitted by the learned counsel for the appellant that the appellant is innocent and has been falsely implicated in this case due to animosity. He has not committed the present offence. Alleged offences are not attracted against him. The prosecution story is totally false and fabricated. It is also submitted that there is no independent witness / eyewitness of the alleged occurrence to support the prosecution story. F.I.R. in this case has been lodged belatedly. It is also submitted that the present appellant had been having physical relations with the prosecutrix for a period of about 2 years. It is a case of consensual relationship between two major persons of opposite sex and the appellant never made any promise to marry her and he never made any physical relation with the victim of this case against her wishes or consent. It is also submitted that the appellant has no concern with the alleged incident of assault made by his own family members upon the informant and her daughter. It is also submitted that the essential ingredients to constitute the offence under the SC/ST Act are not established in this case. It is also submitted that even in her statement recorded under sections 180 and 183 B.N.S.S. the prosecutrix has made no allegation against the appellant for making assault upon her mother. It is also submitted that only simple injuries have been found upon the injured persons. It is also submitted that the medical evidence does not corroborate the prosecution version. No caste related words have been remarked by the appellant to the victim. It is also submitted that the appellant is languishing in jail since 17.10.2024 having no criminal history to his credit. 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), Gorakhpur. 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.

7. On the other hand, learned A.G.A. opposed the appeal.

8. 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.

9. Having regard to the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and also the fact that the victim of this case herself admitted in her statement given to the Investigating Officer that she was having some love affair with the appellant and she was a major lady as well and she was never compelled to make physical relations with the appellant and prima facie it appears to be a case of consensual relationship, the Court is of the opinion that the appellant has made out a case for bail. The Court concerned erred in rejecting the bail application of the appellant. The impugned order suffers from infirmity and illegality and the same is liable to be set-aside and the appeal is liable to be allowed.

10. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside.

11. Let the appellant Vishal Gaud involved in Case Crime No.532 of 2024 under Sections 69, 191(2), 333, 115(2), 352, 351(2), 351(3) B.N.S. and Sections 3(2)(v), 3(2)(va), 3(1)Da, Dha S.C./S.T. Act, Police Station Chauri Chaura, District Gorakhpur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The appellant will not tamper with the evidence during the trial. (ii) The appellant will not pressurize/ intimidate the prosecution witness. (iii) The appellant will appear before the trial court on the date fixed, unless personal presence is exempted. (iv) 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. (v) 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.

12. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 10.3.2025

Hon'ble Nalin Kumar Srivastava,J.

1. Despite service of notice, none is present for the informant / opposite party no.2 when the case was called out.

2. Supplementary affidavit filed today is taken on record.

3. This criminal appeal under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant - Vishal Gaud with the prayer to allow the appeal, set aside the bail rejection order dated 3.1.2025 passed by the Special Judge (SC/ST Act), Gorakhpur and release the appellant on bail in Case Crime No.532 of 2024 under Sections 69, 191(2), 333, 115(2), 352, 351(2), 351(3) B.N.S. and Sections 3(2) (v), 3(2)(va), 3(1)Da, Dha S.C./S.T. Act, Police Station Chauri Chaura, District Gorakhpur.

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

5. The prosecution opened its two folded story wherein in the first phase it was alleged that on the false pretext of marriage, the present accused appellant had been making physical and mental harassment with the daughter of the informant and in the second fold it was alleged that when the prosecutrix insisted upon the appellant for marriage, the family members of the appellant came to the house of the informant and bitterly beaten the informant and her daughter. After lodging of the F.I.R. investigation started which culminated into the charge-sheet.

6. It is submitted by the learned counsel for the appellant that the appellant is innocent and has been falsely implicated in this case due to animosity. He has not committed the present offence. Alleged offences are not attracted against him. The prosecution story is totally false and fabricated. It is also submitted that there is no independent witness / eyewitness of the alleged occurrence to support the prosecution story. F.I.R. in this case has been lodged belatedly. It is also submitted that the present appellant had been having physical relations with the prosecutrix for a period of about 2 years. It is a case of consensual relationship between two major persons of opposite sex and the appellant never made any promise to marry her and he never made any physical relation with the victim of this case against her wishes or consent. It is also submitted that the appellant has no concern with the alleged incident of assault made by his own family members upon the informant and her daughter. It is also submitted that the essential ingredients to constitute the offence under the SC/ST Act are not established in this case. It is also submitted that even in her statement recorded under sections 180 and 183 B.N.S.S. the prosecutrix has made no allegation against the appellant for making assault upon her mother. It is also submitted that only simple injuries have been found upon the injured persons. It is also submitted that the medical evidence does not corroborate the prosecution version. No caste related words have been remarked by the appellant to the victim. It is also submitted that the appellant is languishing in jail since 17.10.2024 having no criminal history to his credit. 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), Gorakhpur. 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.

7. On the other hand, learned A.G.A. opposed the appeal.

8. 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.

9. Having regard to the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and also the fact that the victim of this case herself admitted in her statement given to the Investigating Officer that she was having some love affair with the appellant and she was a major lady as well and she was never compelled to make physical relations with the appellant and prima facie it appears to be a case of consensual relationship, the Court is of the opinion that the appellant has made out a case for bail. The Court concerned erred in rejecting the bail application of the appellant. The impugned order suffers from infirmity and illegality and the same is liable to be set-aside and the appeal is liable to be allowed.

10. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside.

11. Let the appellant Vishal Gaud involved in Case Crime No.532 of 2024 under Sections 69, 191(2), 333, 115(2), 352, 351(2), 351(3) B.N.S. and Sections 3(2)(v), 3(2)(va), 3(1)Da, Dha S.C./S.T. Act, Police Station Chauri Chaura, District Gorakhpur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The appellant will not tamper with the evidence during the trial. (ii) The appellant will not pressurize/ intimidate the prosecution witness. (iii) The appellant will appear before the trial court on the date fixed, unless personal presence is exempted. (iv) 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. (v) 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.

12. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 10.3.2025