Allahabad High Court
Krishna Mohan Verma vs State Of U.P. Thru. Secy. Home ... on 30 January, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 27 Case :- CRIMINAL APPEAL No. - 514 of 2022 Appellant :- Krishna Mohan Verma Respondent :- State Of U.P. Thru. Secy. Home Department And Another Counsel for Appellant :- Anil Kumar Awasthi,Santosh Kumar Kanaujia Counsel for Respondent :- G.A.,Dheerendra Kr. Agnihotri Hon'ble Shree Prakash Singh,J.
Vide order dated 7.3.2022, learned A.G.A. received notice on behalf of the State and notice was issued to the opposite party no.2.
As per office report dated 23.4.2022, the notice has been served upon the opposite party no.2 but none is present on behalf of the opposite party no.2.
No counter affidavit has been filed on behalf of the State till date.
This is a matter where personal liberty of a citizen is at stake and he is being deprived of to be heard though Article 21 of the Constitution of India guarantees right of person liberty and life to the appellant.
In view of the aforesaid, the Court is proceeding in the matter.
Heard learned counsel for the applicant-appellant, Sri Aniruddh Kumar Singh-I, learned A.G.A. for the State and perused the material on record.
Instant criminal appeal under section 14-A(2) of SC/ST Act (Prevention of Atrocities) Act, has been filed challenging the order dated 29.1.2022 passed by Additional Sessions Judge II/Special Judge SC/ST Act, District Kheri in Bail Application No.17 of 2022 arising out of Case Crime No.1051 of 2021, under Section 323, 506, 420, 376 I.P.C. and Section 3(1) Da, 3(2)5, 3(2)5-A of the SC/ST Act, Police Station Kotwali Sadar, District Kheri. It has also been prayed that the appellant-applicant may be released on bail in the aforesaid sections during the pendency of trial.
Learned counsel for the applicant-appellant submits that the applicant is innocent and he has falsely been implicated in the instant matter. Incident is said to have taken place on 26.9.2021 and the F.I.R. has been lodged on 22.10.2021, i.e., after a month of the incident and no plausible explanation thereof has been furnished. There are material discrepancies in the statements of the victim as well as the informant as the victim as well as the informant in their statements have stated that no rape has been committed with the victim. Whole story is concocted and false and only with a view to harass the applicant, instant F.I.R. has been lodged. The victim and informant are in habit of lodging the F.I.Rs. and earlier 4-5 F.I.Rs. have been lodged which he has mentioned in supplementary affidavits dated 27.7.2022. He next added that there is no substance in the story of the prosecution and there is no fate of trial. The applicant is a law abiding citizen who is languishing in jail since 24.10.2021. There is no previous criminal history of appellant-applicant, which has been explained in para 24 of the bail application. There is no possibility of conclusion of the trial in near future. In case he is granted bail, he will not misuse the liberty and will co-operate in the trial proceedings.
On the other hand, learned A.G.A. for the State has very vehemently opposed the contention aforesaid and submits that the applicant is named in the F.I.R. There are serious allegations against the applicant and it was found after thorough investigation that the applicant is involved in committing the offence.
Having heard learned counsel for the parties and after perusal of the material placed on record, it is evident that F.I.R. has been lodged after a month of the incident and no plausible explanation thereof has been given; there are material contradictions in the statement of the prosecutrix as well as informant which demolish the story of the prosecution; no counter affidavit has been filed by the State yet; the applicant is languishing in jail since 24.10.20221; and there is no previous criminal history of appellant-applicant, which has been explained in para 24 of the bail application.
Resultantly, in the above facts and circumstances of the case and the arguments advanced on behalf of both the side and the facts that the trial of the case is not likely to be concluded in near future, hence, the appeal has substance and it is accordingly allowed and the order dated 29.1.2022 passed by Additional Sessions Judge II/Special Judge SC/ST Act, District Kheri in Bail Application No.17 of 2022, is hereby set aside.
Let the applicant-appellant, Krishna Mohan Verma, involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
1. The applicant-appellant will not tamper with the evidence.
2. The applicant-appellant will not indulge in any criminal activity.
3. The applicant-appellant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant-appellant will appear regularly on each and every date fixed by the trial court unless their personal appearance is exempted through counsel by the court concerned.
Order Date :- 30.1.2023 Ram Murti