High Court · 2025

3. Heard learned counsel for the appellant and learned A.G.A. for the State-respondent.

4. The present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 (in short "Act of 1989") against the impugned order dated 02.06.2025 passed by Special Judge, SC/ST Act, Barabanki in Session Trial No. 489/2008, arising out of Case Crime No. C-26 of 2006, under Section 376 Indian Penal Code, 1860 (in short "I.P.C.") and Section 3(2)(V) of Act of 1989, P.S. Safdarganj, District - Barabanki.

5. Pressing the present appeal and impeaching the order, under appeal, the submission of learned counsel for the appellant is that the case of the prosecution is completely false and concocted. To elaborate, it is contended that the FIR, annexed as Annexure No. 1, itself reveals this fact, as it was lodged after a delay of about seven months, which in itself is fatal to the prosecution’s case.

6. It is further submitted that, considering the allegations levelled in the written report, the FIR was lodged at Police Station Sabdarganj Nawabganj, District Barabanki, on 12.02.2006 under Sections 376, 506 of IPC and Section 3(2)(V) of Act of 1989. Thereafter, upon completion of investigation, the Investigating Officer (in short "I.O.") filed the charge sheet under Sections 323, 504, 506 of IPC and Section 3(1)(10) of Act of 1989.

7. It is also submitted that the appellant was released on bail by order dated 12.12.2006, passed by the trial Court in Bail Application No. 1631 of 2006, in relation to the offences under Sections 323, 504, 506 of the IPC, and Section 3(1)(10) of the Act of 1989, in which the charge sheet was filed. Since then, the appellant has cooperated with the prosecution before the trial Court.

8. It is further submitted that, after the recording of the statement of the victim (opposite party no. 2), an application was moved seeking alteration of charges. Based upon the said application, the trial Court, in exercise of its powers under Section 216 Cr.P.C., added the charge under Section 376 IPC. In relation to this offence, the appellant has been in judicial custody since 29.05.2025.

9. It is further contended that the allegations relating to the offence under Section 376 IPC, levelled by the victim (opposite party no. 2), are false, as there is no evidence on record to corroborate the same. In view of the aforesaid facts and circumstances, it is submitted that the appellant is entitled to be released on bail and the impugned order is liable to be set aside and the appeal is liable to be allowed.

10. Learned A.G.A. vehemently opposed the prayer of the appellant, however, he could not dispute the above contentions made by the appellant's counsel.

11. Considered the arguments advanced by the learned counsel for the appellant-applicant, learned A.G.A., and gone through the contents of the appeal, impugned order, F.I.R., as well as statement of the witnesses including the statement of the victim recorded under Sections 161 Cr.P.C.

12. Upon due consideration of above facts and circumstances including that the appellant has already been released on bail for the offences under Sections 323, 504, 506 of the IPC, and Section 3(1)(10) of the Act of 1989 as also that the appellant has cooperated with the prosecution as also the period of incarceration also keeping in view the fact that the trial of the case is not likely to be concluded in near future, this Court is of the view that the appeal has substance and it is accordingly, allowed.

13. Order dated 02.06.2025 passed by Special Judge, SC/ST Act, Barabanki in Session Trial No. 489/2008, arising out of Case Crime No. C-26 of 2006, under Section 376 I.P.C. and Section 3(2)(V) of Act of 1989, P.S. Safdarganj, District - Barabanki is set aside.

14. Let appellant Ramsaran Kahar, be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs. 25,000/- and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following additional conditions :- (i) The appellant will cooperate with the prosecution during trial. (ii) The appellant will not tamper with the evidence during trial. (iii) The appellant will not pressurize/intimidate the prosecution witness(es). (iv) The appellant shall not commit an offence. (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. (vi) The appellant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The appellant will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The appellant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C.

15. In case of default of above conditions, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law

16. As this order relates to enlargement of the appellant on bail, it is clarified that observations made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation made in this order. Order Date :- 14.8.2025 Mohit Singh/- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench

3. Heard learned counsel for the appellant and learned A.G.A. for the State-respondent.

4. The present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 (in short "Act of 1989") against the impugned order dated 02.06.2025 passed by Special Judge, SC/ST Act, Barabanki in Session Trial No. 489/2008, arising out of Case Crime No. C-26 of 2006, under Section 376 Indian Penal Code, 1860 (in short "I.P.C.") and Section 3(2)(V) of Act of 1989, P.S. Safdarganj, District - Barabanki.

5. Pressing the present appeal and impeaching the order, under appeal, the submission of learned counsel for the appellant is that the case of the prosecution is completely false and concocted. To elaborate, it is contended that the FIR, annexed as Annexure No. 1, itself reveals this fact, as it was lodged after a delay of about seven months, which in itself is fatal to the prosecution’s case.

6. It is further submitted that, considering the allegations levelled in the written report, the FIR was lodged at Police Station Sabdarganj Nawabganj, District Barabanki, on 12.02.2006 under Sections 376, 506 of IPC and Section 3(2)(V) of Act of 1989. Thereafter, upon completion of investigation, the Investigating Officer (in short "I.O.") filed the charge sheet under Sections 323, 504, 506 of IPC and Section 3(1)(10) of Act of 1989.

7. It is also submitted that the appellant was released on bail by order dated 12.12.2006, passed by the trial Court in Bail Application No. 1631 of 2006, in relation to the offences under Sections 323, 504, 506 of the IPC, and Section 3(1)(10) of the Act of 1989, in which the charge sheet was filed. Since then, the appellant has cooperated with the prosecution before the trial Court.

8. It is further submitted that, after the recording of the statement of the victim (opposite party no. 2), an application was moved seeking alteration of charges. Based upon the said application, the trial Court, in exercise of its powers under Section 216 Cr.P.C., added the charge under Section 376 IPC. In relation to this offence, the appellant has been in judicial custody since 29.05.2025.

9. It is further contended that the allegations relating to the offence under Section 376 IPC, levelled by the victim (opposite party no. 2), are false, as there is no evidence on record to corroborate the same. In view of the aforesaid facts and circumstances, it is submitted that the appellant is entitled to be released on bail and the impugned order is liable to be set aside and the appeal is liable to be allowed.

10. Learned A.G.A. vehemently opposed the prayer of the appellant, however, he could not dispute the above contentions made by the appellant's counsel.

11. Considered the arguments advanced by the learned counsel for the appellant-applicant, learned A.G.A., and gone through the contents of the appeal, impugned order, F.I.R., as well as statement of the witnesses including the statement of the victim recorded under Sections 161 Cr.P.C.

12. Upon due consideration of above facts and circumstances including that the appellant has already been released on bail for the offences under Sections 323, 504, 506 of the IPC, and Section 3(1)(10) of the Act of 1989 as also that the appellant has cooperated with the prosecution as also the period of incarceration also keeping in view the fact that the trial of the case is not likely to be concluded in near future, this Court is of the view that the appeal has substance and it is accordingly, allowed.

13. Order dated 02.06.2025 passed by Special Judge, SC/ST Act, Barabanki in Session Trial No. 489/2008, arising out of Case Crime No. C-26 of 2006, under Section 376 I.P.C. and Section 3(2)(V) of Act of 1989, P.S. Safdarganj, District - Barabanki is set aside.

14. Let appellant Ramsaran Kahar, be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs. 25,000/- and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following additional conditions :- (i) The appellant will cooperate with the prosecution during trial. (ii) The appellant will not tamper with the evidence during trial. (iii) The appellant will not pressurize/intimidate the prosecution witness(es). (iv) The appellant shall not commit an offence. (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. (vi) The appellant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The appellant will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The appellant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C.

15. In case of default of above conditions, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law

16. As this order relates to enlargement of the appellant on bail, it is clarified that observations made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation made in this order. Order Date :- 14.8.2025 Mohit Singh/- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench