High Court
Case Details
Court No. - 80 Case :- CRIMINAL APPEAL No. - 7803 of 2022 Appellant :- Shiv Baran Respondent :- State of U.P. and Another Counsel for Appellant :- Rajeev Sen,Ram Sheel Sharma Counsel for Respondent :- G.A.,Anirudh Singh Hon'ble Siddharth,J. Heard learned counsel for the applicant; learned AGA for the State and perused the material placed on record. The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant to set aside the impugned order dated 02.09.2022, whereby the Special Judge, SC/ST Act, Chitrakoot has rejected the bail application of the appellant moved by him in Case Crime No. 246 of 2022, under Sections 376, 354ka, 323, 504, 506, 452 IPC and Section 3(2) (V), 3(1)(Da) 3(1) (Dha) SC/ST (P.A) Act and under Section 67 I.T. Act, Police Station Karvi Kotwali, District Chitrakoot.
Legal Reasoning
There is allegation in the first information report that the informant belongs to schedule caste and is stamp vendor in Tehsil. On 27.05.2022 at about 8.00 p.m. applicant forcibly entered into her house and after using caste related words he committed offence of rape and threatening her of murder of her children vanished. On the same day at about 5.30 p.m., the applicant had inappropriately touched her and abused and threatened her. She saved herself from the accused, who is a deed writer in Tehsil. Since the year 2017, the applicant has committed repeated offence of rape against her and has made a video on the basis of which he is back mailing her. She had earlier made complaint of the applicant before police but the police forcibly got compromised done between the parties. Regarding incident dated 27.05.2022 also she tried to lodge the first information report against the applicant but it was not allowed by the police. Learned counsel for the applicant submits that it is a case of false implication. The victim is a widow and having consenting relation with the applicant since 2017, as admitted by her in the first information report itself. Earlier also she gave an application at police on 09.05.2022 and thereafter entered into compromise. Applicant is in jail since 14.07.2022 and has no criminal history. In case, the applicant is released on bail, he will not misuse the liberty of bail. Per contra, learned A.G.A. has supported the order passed by the Sessions court and vehemently opposed the prayer for grant of bail to the applicant and submits that the allegations involved are very serious in nature and the delay in lodging the FIR cannot be said to be fatal to the case at this juncture while considering the application of bail. But he could not point out any material to the contrary. He further submits that in case the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail. Learned counsel for opposite party no.2 has pointed out to the counter affiavit filed by him wherein an order dated 30.08.2022 of Scheduled Caste and Scheduled Tribe Commission has been brought on record. In the aforesaid case informant had implicated the applicant, his son, wife and SHO of the police station concerned. He has submitted that only after order passed by the Commission, first information report of opposite party no.2 against the applicant was registered. After rival contention, this court finds that applicant as well as informant are working in the same Tehsil. They also know each other well. Their relation- ship since the year 2017 is admitted in the first information report itself. There may have been some dispute between them, which resulted in implication of the applicant. He has no criminal history and is in jail for about eight months. In view of above, the order of rejection of bail passed by the court below dated 02.09.2022 is, hereby, set aside.
Legal Reasoning
Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the appellant; keeping in view uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy; larger mandate of the Article 21 of the Constitution of India, considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, Court is of the opinion that the appellant is entitled to be enlarged on bail. Let appellant, Shiv Baran, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions: (i) The applicant 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. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall remain present, in person, 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 of Cr.P.C. (iv) The applicant 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 the trial court. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. (vi) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. If in the opinion of the trial court that absence of the applicant 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 in accordance with law. The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously in accordance with law after the release of the applicant, if there is no other legal impediment. It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order. The criminal appeal is allowed. Order Date :- 13.4.2023 SS Digitally signed by :- SURENDAR SINGH NARANG High Court of Judicature at Allahabad