Allahabad High Court
Chandu @ Chandrashekhar Lodhi vs State Of U.P. And Another on 19 July, 2021
Bench: Pradeep Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 74
Case :- CRIMINAL APPEAL No. - 2829 of 2021
Appellant :- Chandu @ Chandrashekhar Lodhi
Respondent :- State of U.P. and Another
Counsel for Appellant :- Rajat Agarwal,Virpratap Singh
Counsel for Respondent :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the appellant and learned A.G.A. for the State of U.P.
This criminal appeal has been filed by appellant Chandu @ Chandrashekhar Lodhi, against the judgment and order dated 03.11.2020, passed by Special Judge SC/ST Act / Additional Sessions Judge, Hamirpur, in Criminal Misc. Bail Application No. 929 of 2020, arising out of Case Crime No. 96 of 2020, under Sections 363, 452, 506, 354A I.P.C. and Sections 3(1)(w)(I), 3(2)5A SC/ST Act, Police Station Majhgawan, District Hamirpur, whereby the bail application of the appellant has been rejected.
Aggrieved by the impugned order, the appellant has filed the present criminal appeal on the ground that the accused-appellant has been falsely implicated in the present case. The statement of the informant also shows that this is a case of false implication as when the family members started searching the victim, she came out from Kahalian and started running away, whereupon, the stick was thrown on her and she fell down. Further submission is that there is no role assigned, showing that the victim was sexually abused. The only case is that she was kidnapped in the night by the appellant and other persons and all those other persons who were implicated, have been exonerated by the I.O. during investigation, as the victim did not take their names under the Section 164 Cr.P.C. Submission is that this fact further shows that this did not happened in the manner which has been alleged in the first information report. The victim and the appellant both belong to the same village as the appellant was a candidate for Pradhan Election, hence, was implicated so that he may not win the election. There is no clear allegation with regard to the commission of any sexual abuse and the order of the learned court below to that effect appears to be incorrect. As such illegality has been committed by the learned court below.
Learned A.G.A. has opposed the bail application and has submitted that the victim was related to the S.C. category and she was kidnapped in the darkness of night and the appellant could not succeed in his object because the family members were alert and they started searching the victim and she was found. It is not a case of sexual abuse nor any report has been filed. The two other accused persons have already exonerated and it appears suspicious case as one accused would possibly kidnapped the victim in the darkness of night.
If over all facts and circumstances had been considered by the learned court below in correct prospective, the conclusion would have been different and the bail application of the appellant would have been allowed. I find that there is illegality and infirmity in the impugned order and the same is liable to beset aside.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties, I find that the learned court below has erred in rejecting the bail application. The impugned order suffers from infirmity and illegality and the same is liable to be set aside and the appeal is liable to be allowed.
Accordingly, the appeal is allowed and the impugned order dated 03.11.2020, passed by Special Judge SC/ST Act / Additional Sessions Judge, Hamirpur, in Criminal Misc. Bail Application No. 929 of 2020 is hereby set aside.
Let the appellant namely Chandu @ Chandrashekhar Lodhi involved in Case Crime No. 96 of 2020, under Sections 363, 452, 506, 354A I.P.C. and Sections 3(1)(w)(I), 3(2)5A SC/ST Act, Police Station Majhgawan, District Hamirpur is granted bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The appellant 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 appellant 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 appellant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The appellant 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 appellant to prison.
Order Date :- 19.7.2021
sailesh
