Allahabad High Court
Raghu Nath Singh vs State Of U.P. Thru. Prin. Secy. Deptt. Of ... on 20 April, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 15 Case :- CRIMINAL APPEAL No. - 360 of 2023 Appellant :- Raghu Nath Singh Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Lko. And Another Counsel for Appellant :- Rishabh Tripathi,Pankaj Kumar Counsel for Respondent :- G.A. Hon'ble Ajai Kumar Srivastava-I,J.
1. Heard Sri Pankaj Kumar, learned counsel for the appellant, Sri Rajesh Verma, learned A.G.A. for the State and perused the entire record.
2. This Criminal Appeal under Section 14-A (2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been preferred against the order dated 13.01.2023 passed by the learned Special Judge, SC/ST Act, Sitapur in bail application No.679 of 2022 CIS No.4769/2022, arising out of Case Crime No.568 of 2022, under Sections 366, 323, 504, 506, 376 I.P.C. and Sections 3 (2) (v) SC/ ST Act, Police Station Sandhana, District Sitapur, whereby the bail application of the appellant has been rejected.
3. As per office report dated 13.03.2023, the notice upon the opposite party no.2 has already been served personally. However, no one has appeared on his behalf to argue this appeal.
4. Learned counsel for the appellant has submitted that the present innocent appellant has been falsely implicated in this case due to village rivalry. His further submission is that a false First Information Report came to be lodged against the appellant on 04.11.2022. Upon perusal of the first information report, it appears that nothing except an alleged assault on the victim has happened on 03.11.2022. His further submission is that in order to falsely implicate the appellant, an allegation of rape was added, which is alleged to have occurred a week prior to 03.11.2022.
5. It is also submitted by learned counsel for the appellant that the victim is major and there is nothing on record to show that as to why the first information report, in respect of alleged incident of rape, was not registered earlier. His further submission is that the medical report of the victim does not support the prosecution case.
6. Learned counsel for the appellant has also submitted that in case, the appellant is enlarged on bail, he shall not misuse the liberty of bail and he shall also fully cooperate with the trial court in getting the trial concluded expeditiously. He has further submitted that there is no possibility of the appellant to intimidate or pressurize the witnesses or any other persons acquainted with the facts of the present case. The accused/appellant is languishing in jail since 07.11.2022, who has no previous criminal history.
7. For the aforesaid reasons, learned counsel for the appellant submits that the instant criminal appeal deserves to be allowed. The impugned order dated 13.01.2023 deserves to be set aside and consequently the appellant deserves to be enlarged on bail during pendency of the trial.
8. Per contra, learned A.G.A. has vehemently opposed the prayer by submitting that the present appellant was named in the first information report. The victim has supported the prosecution case in her statements recorded under Sections 161 & 164 Cr.P.C. However, he could not dispute the other factual submission advanced by learned counsel for the appellant.
9. Having heard the learned counsel for the appellant, learned A.G.A. for the State and upon perusal of record, it transpires that the First Information Report came to be lodged against the appellant on 04.11.2022. Upon perusal of the first information report, it appears that nothing except an alleged assault on the victim has happened on 03.11.2022 and rape upon her is stated to have been committed a week prior to 03.11.2022. The victim is major. There is nothing on record to show that as to why the first information report, in respect of alleged incident of rape, was not registered earlier. The accused/appellant is languishing in jail since 07.11.2022, who has no previous criminal history.
10. Considering the facts and circumstance of the case, without expressing any opinion on the merits of the case, the Court of the view that the learned court below has failed to appreciate the material available on record. The order passed by the court below is liable to be set aside.
11. Accordingly, the appeal is allowed and the order dated 13.01.2023 passed by the learned Special Judge, SC/ST Act, Sitapur in bail application No.679 of 2022 CIS No.4769/2022, arising out of Case Crime No.568 of 2022, under Sections 366, 323, 504, 506, 376 I.P.C. and Sections 3 (2) (v) SC/ ST Act, Police Station Sandhana, District Sitapur is set aside.
12. Let the appellant, Raghu Nath Singh be released on bail in the aforesaid case crime number with the following conditions:-
(i) The appellant shall furnish a personal bond with two sureties each of like amount to the satisfaction of the court concerned.
(ii) The appellant shall appear and strictly comply following terms of bond executed under section 437 sub section 3 of Chapter- 33 of Cr.P.C.:-
(a) The appellant shall attend in accordance with the conditions of the bond executed under this Chapter.
(b) 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, and
(c) 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.
(iii) The appellant shall cooperate with investigation /trial.
(iv) The appellant 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 court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(v) The appellant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(vi) In case, the appellant misuses the liberty of bail during trial, in order to secure his presence, proclamation under section 82 Cr.P.C. is issued and the appellant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(vii) The appellant shall remain present, 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 Cr.P.C. If in the opinion of the trial court absence of the appellant 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 against him in accordance with law.
Order Date :- 20.4.2023 A.Dewal