Allahabad High Court
Sabish Gurjar vs State Of U.P.And Another on 11 June, 2021
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 77
Case :- CRIMINAL APPEAL No. - 1758 of 2021
Appellant :- Sabish Gurjar
Respondent :- State Of U.P.And Another
Counsel for Appellant :- Vijay Pratap Singh
Counsel for Respondent :- G.A.,Rohit Nandan Pandey
Hon'ble Pankaj Bhatia,J.
Despite notice, none appears on behalf of the Opposite Party No. 2.
Heard counsel for the appellant and perused the record.
The present appeal under Section 14-A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been filed against the order dated 22.3.2021 whereby the bail application filed by the appellant has been rejected.
Counsel for the appellant argues that he is innocent and been falsely implicated. He has drawn my attention to the fact that the appellant and the victim have agricultural field adjoining together. He has further stated that civil proceedings were initiated by the Opposite Party No. 2 in which the matter was decided in favour of the appellant and as a sequel to the said, false FIR was lodged. In the FIR, it is alleged that on 6.6.2016, the victim was raped by the appellant.
I have perused the statement recorded under Section 161 CrPC, which is specifically inconsistent with the averments made in the FIR and in the statement recorded under Section 164 CrPC. The victim states that she has gone to fields along with her sister-in-law Aneeta and there rape was committed on her. The statement of Aneeta is on record wherein she states that a civil dispute was going on in between the parties. She specifically denies of any incident or the versions as narrated by the alleged victim. The medical report on record also does not corroborate the averments made in the FIR. The appellant has no criminal antecedents and there is nothing on record to demonstrate that if the appellant is enlarged on bail would in any adversely affect the trial. The appellant is in custody since 12.3.2021.
Considering the grave inconsistencies in the statements, the version in the FIR as well as statement of Smt. Aneeta, sister-in-law of the victim and that there is nothing on record to demonstrate that if the appellant is enlarged on bail, it would affect the trial adversely, the appeal deserves to be allowed.
The appeal is, accordingly, allowed and the impugned judgment and order dated 22.3.2021 passed in bail application is set aside. Let the appellant Sabish Gurjar involved in ST No. 5 of 2021, Case Crime No. 436 of 2016, under Sections 376, 504, 506 IPC and 3 (2) (V) SC/ST Act, Police Station Meerapur, District Muzaffar Nagar be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
1. The appellant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. The appellant will not tamper with the witnesses.
3. The appellant will not indulge in any illegal activities during the bail period.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
5. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 11.6.2021
vinay
