High Court
Case Details
Neutral Citation No. - 2025:AHC:112560 Court No. - 83 Case :- CRIMINAL APPEAL No. - 4046 of 2025 Appellant :- Vishwas Vishwakarma Respondent :- State of U.P. and Another Counsel for Appellant :- Prashant Sharma,Surendra Pratap Singh Counsel for Respondent :- G.A.
Legal Reasoning
Hon'ble Nalin Kumar Srivastava,J. (Criminal Misc. Short Term Bail/Parole Application No. 5 of 2025) 1. Learned counsel for the appellant states that he does not want to press the short term bail application and it may be rejected as not pressed.
Decision
2. In view of the above statement, the short term bail application is rejected as not pressed. Order on Appeal 1. This criminal appeal under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as SC/ST Act) has been preferred by the appellant Vishwas Vishwakarma with the prayer to set aside the bail rejection order dated 15.04.2025 passed by the Special Judge (SC/ST Act), Kanpur Nagar and to release him on bail in Case Crime No. 30 of 2025, under Sections 69, 115(2), 352, 351(3), 316(2) BNS and 3(2)(vka), 3(2)(v), 3(1)(da) and 3(1)(dha) SC/ST Act, Police Station Hanumant Vihar, District Kanpur Nagar. 2. Heard learned counsel for the appellant as well as the learned AGA and perused the entire record. Despite service of notice, none is present for the opposite party no.2. 3. As per prosecution story, the victim is a lady of SC/ST community and in the year 2020 the victim and the appellant were living in the same locality. The accused appellant used to help the victim in her illness etc. The appellant is a doctor and developed friendship with the informant. Since the appellant was unmarried, he promised to marry her and started living with her. He made physical relations with her on the assurance that he will marry her. It is further alleged that the accused appellant made obscene videos of the victim and started blackmailing her by demanding money from the victim. On 04.09.2024, the accused appellant tried to make physical relation with the victim and when she protested herself, the accused appellant hurled abuses with caste related remarks and beaten her and also threatened her for dire consequences. F.I.R. was lodged and after investigation, charge sheet has been submitted. 4. It is submitted by the learned counsel for the appellant that the appellant is innocent, he has not committed the alleged offence but he has been falsely implicated in this case. Alleged offences are not attracted against him. It is further submitted that the prosecution story is absolutely false and fabricated. It is next submitted that it is a case of consensual relationship with the victim. It is also submitted that there is no independent witness to support the prosecution story. F.I.R. in this case has been lodged belatedly. It is also submitted that the present 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 upon the informant. It is also submitted that there is no medical report of the victim on record and she was not got medically examined by any doctor. It is also submitted that the essential ingredients to constitute the offence under the SC/ST Act are not established in this case. 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 05.03.2025 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), Kanpur Nagar. 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. 5. On the other hand, learned AGA opposed the prayer for bail but could not dispute the aforesaid facts. 6. 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. 7. Having regard to the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, role of the appellant and clean criminal record of the appellant and the matter appears to be a case of consensual relation between two major persons, this 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. 8. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside. 9. Let the appellant Vishwas Vishwakarma involved in the aforesaid case crime number 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. 10. 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 :- 14.7.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad