Allahabad High Court
Satan Dev vs State Of U.P. And Another on 27 September, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:188270 Court No. - 85 Case :- CRIMINAL APPEAL No. - 1266 of 2023 Appellant :- Satan Dev Respondent :- State of U.P. and Another Counsel for Appellant :- Satya Prakash Shukla,Bed Kant Mishra Counsel for Respondent :- G.A.,Anjani Kumar Hon'ble Mayank Kumar Jain,J.
After passing the order dated 13.07.2023 by which the appellant was granted interim bail. Today, supplementary affidavit on behalf of appellant has been filed which is taken on record. It has been stated in the supplementary affidavit that appellant has married with the victim and a marriage certificate is also annexed with the supplementary affidavit.
A short counter affidavit has also been filed on behalf of opposite party no.2, which is also taken on record. It has been stated in the short counter affidavit filed on behalf of the victim that her marriage was solemnized with appellant on 15.08.2023 and now there is no dispute in between them.
Heard learned counsel for the appellant, learned counsel for the informant, learned Additional Government Advocate for the State of U.P. and perused the record.
This criminal appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant with the prayer to set aside the order dated 13.12.2022 passed by learned Special Judge (SC/ST (P.O.A.) Act Sonbhadra in Bail Application No.2896 of 2022 (Satan Dev Vs. State of U.P.) arising out of Case Crime No.168 of 2022, under Sections 313, 376, 506 IPC and Section 3(2)(v), 3(1)r and 3(1)s of SC/ST (P.A.) Act, Police Station - Duddhi, District - Sondhadra.
As per the first information report, case of the prosecution is that the appellant on pretext of marriage made physical relationship with prosecutrix and continued to do repeatedly. The victim became pregnant but the appellant aborted the foetus. The appellant abused her with caste related words and threatened to kill her.
It is submitted by learned counsel for the appellant that appellant has been falsely implicated in the present case. It is further submitted that after the order dated 13.07.2023 by which the appellant was granted interim bail, appellant solemnized marriage with the prosecutrix and now no dispute remains in between them. The prosecutrix is major. Lastly, it is submitted by learned counsel for the appellant that there is no chance of the appellant fleeing away from the judicial process or tampering with the prosecution evidence. The appellant was on interim/short term bail and in case he is released on regular bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra, learned counsel for the informant admitted the aforesaid facts and stated that marriage of prosecutrix was solemnized on 15.08.2023 with the appellant and now there is no dispute in between them.
Considering the facts and circumstances of the case, let the appellant, namely, Satan Dev involved in the above case be released on regular 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.
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 :- 27.9.2023/AKT