High Court · 2025

Hon'ble Nalin Kumar Srivastava,J.

1. This criminal appeal under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant Shahzad @ Khadim against the bail rejection order dated 14.12.2021 passed by the Special Judge (SC/ST Act), Bijnor in case crime no. 630 of 2021, under Sections 302, 201, 376, 511 I.P.C and under Sections 3(2)V, 3(1)W(1) of SC/ST Act, Police Station Kotwali City, District- Bijnor.

2. Heard learned counsel for the appellant, learned counsel for the opposite party no. 2, learned AGA and perused the entire record.

3. The deceased Babli aged about 24 years daughter of the informant had gone to GGIC College, Bijnor, on 10.09.2021 at about 11:40 am subsequently about 2:30 pm Smt. Reeta, the bhabhi of the informant informed that Babli was lying unconscious in between the railway sleepers and when her family members went there they found her unconscious in injured condition with bleeding from her nose and mouth and her dupatta was tied in her neck. She was taken for medical treatment but was declared dead by the doctor at Prakash Hospital. It was a suspected case of sexual assault and murder of the daughter of the informant, hence he lodged the F.I.R. in the police station against unknown accused person.

4. 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. Essential ingredients to establish an offence under SC/ST Act are also missing in this case. It is further submitted that F.I.R. in this case has been lodged very belatedly without any plausible explanation. There is no witness of the incident and the name of the accused/appellant has been dragged in this matter only due to old animosity and on the ground of suspicion only. There is no CCTV footage collected by the Investigating Officer and a false and concocted story of alleged recovery from the appellant has been shown by the police. It is also submitted that prosecution story is quite unnatural. The appellant is having no criminal history to his credit and he is languishing in jail since 15.09.2021. The accused/appellant is entitled for bail by allowing the present criminal appeal. The trial Court 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.

5. Per contra, learned AGA and learned counsel for the opposite party no. 2 vehemently opposed the appeal and bail application moved by the accused/appellant and it has been submitted that accused/appellant is the master mind of the whole crime. The circumstances and evidence adduced by the Investigating Officer indicate that an unsuccessful attempt of rape to the deceased was committed by the present accused/appellant and when he was not succeeded murder of the girl was committed by him by tiding her neck by her own dupatta and some injuries upon her person were also inflicted. It is further submitted that in the postmortem report the cause of death has been found asphyxia due to strangulation and anti mortem injury. It is also submitted that although the accused/appellant is not named in the F.I.R. but during investigation his name came on surface and on his pointing out some incriminating articles like sleeper, plastic rope and clothes have been recovered by the police. It is further submitted that it is a case of attempt to rape and murder of the poor girl. The medical evidence corroborates the prosecution version. Ample evidence has been collected by the Investigating Officer against the present accused/appellant and the charge-sheet has been submitted against him. It is further submitted that the trial is going on and the prosecution witnesses have supported the case put up by the prosecution. It is lastly submitted that the deceased of this case belongs to a weaker section of society and was a member of SC/ST community which was well known to the accused/appellant. There is no infirmity or illegality in the impugned order dated 14.12.2021.

6. Although it is a case of circumstantial evidence but at this stage it is prima facie found that Investigating Officer has collected ample evidence against the accused/appellant which shows that he was the principal offender and master mind of the whole crime. Incriminating articles like rope, shirt and sleeper have been retrieved by the police on the pointing out of the accused/appellant and it was found by the Investigating Officer that the accused/appellant had a bad eye upon the victim and that is why firstly he tried to commit rape upon her and when he failed the deceased was done away by him.

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. Keeping in view of the facts and circumstances of the case, the evidence collected by the Investigating Officer and deposition before the court, the role of the accused/appellant, the peculiar circumstances of this case, the recovery of incriminating articles on the pointing out of the accused/appellant, no possibility of his false implication at this stage and also considering that most of the issues raised by the learned counsel for the accused/appellant relate to the merits of the case which cannot be met out at this stage and only period of incarceration of the accused/appellant is not sufficient for granting bail to him in the instant case of gruesome murder of a young lady, I do not find any force in the appeal. No illegality, infirmity or perversity has been found in the impugned order dated 14.12.2021.

9. Accordingly, appeal is dismissed. Order Date :- 5.2.2025 Vikram VIKRAM SINGH High Court of Judicature at Allahabad

Hon'ble Nalin Kumar Srivastava,J.

1. This criminal appeal under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant Shahzad @ Khadim against the bail rejection order dated 14.12.2021 passed by the Special Judge (SC/ST Act), Bijnor in case crime no. 630 of 2021, under Sections 302, 201, 376, 511 I.P.C and under Sections 3(2)V, 3(1)W(1) of SC/ST Act, Police Station Kotwali City, District- Bijnor.

2. Heard learned counsel for the appellant, learned counsel for the opposite party no. 2, learned AGA and perused the entire record.

3. The deceased Babli aged about 24 years daughter of the informant had gone to GGIC College, Bijnor, on 10.09.2021 at about 11:40 am subsequently about 2:30 pm Smt. Reeta, the bhabhi of the informant informed that Babli was lying unconscious in between the railway sleepers and when her family members went there they found her unconscious in injured condition with bleeding from her nose and mouth and her dupatta was tied in her neck. She was taken for medical treatment but was declared dead by the doctor at Prakash Hospital. It was a suspected case of sexual assault and murder of the daughter of the informant, hence he lodged the F.I.R. in the police station against unknown accused person.

4. 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. Essential ingredients to establish an offence under SC/ST Act are also missing in this case. It is further submitted that F.I.R. in this case has been lodged very belatedly without any plausible explanation. There is no witness of the incident and the name of the accused/appellant has been dragged in this matter only due to old animosity and on the ground of suspicion only. There is no CCTV footage collected by the Investigating Officer and a false and concocted story of alleged recovery from the appellant has been shown by the police. It is also submitted that prosecution story is quite unnatural. The appellant is having no criminal history to his credit and he is languishing in jail since 15.09.2021. The accused/appellant is entitled for bail by allowing the present criminal appeal. The trial Court 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.

5. Per contra, learned AGA and learned counsel for the opposite party no. 2 vehemently opposed the appeal and bail application moved by the accused/appellant and it has been submitted that accused/appellant is the master mind of the whole crime. The circumstances and evidence adduced by the Investigating Officer indicate that an unsuccessful attempt of rape to the deceased was committed by the present accused/appellant and when he was not succeeded murder of the girl was committed by him by tiding her neck by her own dupatta and some injuries upon her person were also inflicted. It is further submitted that in the postmortem report the cause of death has been found asphyxia due to strangulation and anti mortem injury. It is also submitted that although the accused/appellant is not named in the F.I.R. but during investigation his name came on surface and on his pointing out some incriminating articles like sleeper, plastic rope and clothes have been recovered by the police. It is further submitted that it is a case of attempt to rape and murder of the poor girl. The medical evidence corroborates the prosecution version. Ample evidence has been collected by the Investigating Officer against the present accused/appellant and the charge-sheet has been submitted against him. It is further submitted that the trial is going on and the prosecution witnesses have supported the case put up by the prosecution. It is lastly submitted that the deceased of this case belongs to a weaker section of society and was a member of SC/ST community which was well known to the accused/appellant. There is no infirmity or illegality in the impugned order dated 14.12.2021.

6. Although it is a case of circumstantial evidence but at this stage it is prima facie found that Investigating Officer has collected ample evidence against the accused/appellant which shows that he was the principal offender and master mind of the whole crime. Incriminating articles like rope, shirt and sleeper have been retrieved by the police on the pointing out of the accused/appellant and it was found by the Investigating Officer that the accused/appellant had a bad eye upon the victim and that is why firstly he tried to commit rape upon her and when he failed the deceased was done away by him.

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. Keeping in view of the facts and circumstances of the case, the evidence collected by the Investigating Officer and deposition before the court, the role of the accused/appellant, the peculiar circumstances of this case, the recovery of incriminating articles on the pointing out of the accused/appellant, no possibility of his false implication at this stage and also considering that most of the issues raised by the learned counsel for the accused/appellant relate to the merits of the case which cannot be met out at this stage and only period of incarceration of the accused/appellant is not sufficient for granting bail to him in the instant case of gruesome murder of a young lady, I do not find any force in the appeal. No illegality, infirmity or perversity has been found in the impugned order dated 14.12.2021.

9. Accordingly, appeal is dismissed. Order Date :- 5.2.2025 Vikram VIKRAM SINGH High Court of Judicature at Allahabad