Allahabad High Court
Bishen Yadav @ Brishen Yadav ... vs State Of U.P. And Anr. on 9 July, 2019
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 71
Case :- CRIMINAL REVISION No. - 1144 of 2019
Revisionist :- Bishen Yadav @ Brishen Yadav (Minor)
Opposite Party :- State Of U.P. And Anr.
Counsel for Revisionist :- Virendra Kumar Mishra,Anil Kumar Dwivedi
Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the revisionist, learned A.G.A. for the State and perused the record.
The present criminal revision has been filed against the order dated 25.01.2019 passed by Sessions Judge, Azamgarh, in Criminal Appeal No. 02 of 2019, arising out of Case Crime No. 124 of 2018, under Sections 376, 452, 504, 506 IPC and Sections 3 (1) (da), 3 (1) (gha), 3 (2) (va) of SC/ST Act, P.S. Mehnagar, District Azamgarh, by which the bail application of the revisionist has been rejected.
As per the office report dated 08.07.2019 the notice has been personally served upon opposite party no. 2. However, none has appeared on her behalf.
Learned counsel for the accused-appellant has submitted that appellant is innocent and has been falsely implicated in the present case. It has been further submitted that as per the medical examination report the victim is aged about 19 years. He next submitted that even the victim in her statement recorded under Section 164 Cr.P.C. has repeated the prosecution case, however, in her statement recorded before the trial court, she has not supported the prosecution story and she has been declared hostile and when her attention was drawn to her statement recorded under Section 164 Cr.P.C. then she stated that under the pressure of the police she had given the said statement. She has also stated in her statement before the trial court that on the basis of suspicion, she had nominated the revisionist in the present case. He next submitted that the appellant is in jail since 11.10.2018.
From perusal of the statement under Section 164 Cr.P.C. and the allegations made in the FIR also there is absolutely no allegations that the appellant has committed present offence on account of fact that the victim belongs to scheduled castes.
Per contra, learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, I find that the court below has acted wrongly in rejecting the bail application and the impugned order dated 25.01.2019 is liable to be set-aside and revision is liable to be allowed.
The revision is allowed. The impugned order dated 25.01.2019 passed by Session Judge, Azamgarh, is set-aside and the bail application of revisionist stands allowed.
Let the revisionist Bishen Yadav @ Brishen Yadav (minor) be released on bail in Misc. Case No. 115 of 2018, arising out of Case Crime No. 124 of 2018, under Sections 376, 452, 504, 506 IPC and Section 3 (1) (da), 3 (1) (gha), 3 (2) (va) of Scheduled Castes and Scheduled Trives (Prevention of Atrocities) Act, P.S. Mehnagar, District Azamgarh, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:-
(i) The revisionist will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The revisionist will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The revisionist will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the revisionist to prison.
Order Date :- 9.7.2019
v.k.updh.
