Allahabad High Court
Sarvesh Bhar vs State Of U.P. And Another on 19 September, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:153053 Court No. - 81 Case :- CRIMINAL APPEAL No. - 12905 of 2023 Appellant :- Sarvesh Bhar Respondent :- State of U.P. and Another Counsel for Appellant :- Ashish Pandey,Pradeep Kumar Counsel for Respondent :- G.A.,Parmeshwar Yadav Hon'ble Manoj Bajaj,J.
Sarvesh Bhar-Appellant has filed this appeal under Section 14-A(2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 to challenge the order dated 29.11.2023 passed by Special Judge SC/ST Act, Maharajganj, whereby his application under Section 439 Cr.P.C. for grant of regular bail, during the pendency of trial in Case Crime No. 538 of 2023, under Sections 357Ga, 376, 506 I.P.C., Section 3(2)5 Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 and Section 67 Information Technology Act, 2000, Police Station Kotwali, District Maharajganj has been rejected.
The above F.I.R. was lodged on the basis of a written complaint given by complainant with the allegations that her husband left native place for job and she accompanied him, and the couple stayed in the house of Sarvesh Bhar on his asking till they find a suitable accommodation. When the complainant's husband used to go for work, Sarvesh Bhar would stay at home as he was keeping an evil eye on her, who had also prepared her obscene video when she was bathing. On the basis of the said video, he forced the complainant to setup physical relations, and further threatened her to viral the said material on social media, if, she refuses. The accused continued physical exploitation of the complainant, and later on, he had also uploaded the obscene video on facebook and instagram. Though, the said video was deleted by him after sometime, but by that time, it had reached many other co-villagers, and when the complainant and her husband confronted Sarvesh Bhar, he alongwith his family members abused them in the name of their castes and gave them beatings. On these broad allegations, the above F.I.R. was registered against the accused persons, for the alleged commission of offences punishable under Sections 147, 376, 452, 323, 504, 506, 427 I.P.C., Section 67 Information Technology Act, 2000 and Section 3(2)(V) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Learned counsel for appellant has argued that the case setup by the prosecution is full of discrepancies and no specific time and date of the alleged occurrence of rape has been mentioned. Learned counsel submits that though initially other persons were also arraigned as an accused alongwith appellant, but during investigation, they were found innocent and the charge sheet has been filed only against the appellant on 13.11.2023 for the alleged commission of offences punishable under Sections 376, 354(Ga), 506 I.P.C., Section 67 Information Technology Act, 2000 and Section 3(2)(V) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Learned counsel submits that the F.I.R. has been lodged after a long delay and the investigation in the case is complete, therefore, further detention of the appellant behind the bars may not be necessary. Learned counsel submits that the Special Court, Maharajganj has not carefully examined the material on record while refusing concession of bail to the appellant. He prays that the impugned order dated 29.11.2023 be said aside and the appellant be released on bail.
During the course of hearing, it is not disputed by learned counsel for appellant that electronic evidence inviting the offence punishable under Section 67 Information Technology Act, 2000 has been recovered during investigation.
After hearing learned counsel for the parties and considering their submissions, this Court does not find any merit in this appeal, as according to the complainant, the accused-appellant being her co-villager had betrayed her trust while breaching the privacy of the complainant, and prepared her obscene video, and later, on the strength of the same, he compelled her for physical relations. According to prosecution case, the accused-appellant continued with this act and also uploaded the obscene material on the social media, and this background of the case shows that the offences are serious. The discrepancy, if any, in the prosecution case would be tested during trial and at this stage, it would not be appropriate for this Court to make any comment upon the said discrepancies, if, the same are enough to doubt the prosecution case. The impugned order dated 29.11.2023 does not suffer from any illegality, therefore, no interference is warranted in exercise of appellate powers.
Resultantly, without meaning any expression of opinion on the merits of this case, the appeal fails and is hereby dismissed.
Order Date :- 19.9.2024 P.S.Parihar