Allahabad High Court
Lodhai Chauhan vs State Of U.P. Thru. Prin. Secy. ... on 31 August, 2022
Bench: Ajai Kumar Srivastava-I
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 27
Case :- CRIMINAL APPEAL No. - 1446 of 2022
Appellant :- Lodhai Chauhan
Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. And Another
Counsel for Appellant :- Santosh Kumar Srivastava
Counsel for Respondent :- G.A.
Hon'ble Ajai Kumar Srivastava-I,J.
Heard Sri Santosh Kumar Srivastava, learned counsel for the appellant, Sri Himanshu Sooryavanshi, learned counsel for the State and perused the entire record.
Counter affidavit filed by the State is taken on record.
This Criminal Appeal under Section 14-A (2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred against the impugned order dated 08.06.2022 passed by Special Judge, Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, Ambedkar Nagar in bail application No.644 of 2022 arising out of Case Crime No.114 of 2021, under Section 354 I.P.C. and Section 3(2)(v)(a) SC/ ST Act, Police Station Ibrahimpur, District Ambedkar Nagar whereby the application for bail has been rejected.
From the perusal of the counter affidavit filed by the learned counsel for the State, it is evident that the notice upon respondent No.2 has already been served. However, no one has appeared on behalf of respondent No.2 to argue this appeal.
Learned counsel for the appellant has submitted that the accused/ appellant is innocent who has been falsely implicated in this case because of the fact that the father of the victim is not agreeable of his acquaintance with the victim who is aged about 18 years.
His further submission is that the charge sheet against the appellant came to be filed without there being any credible evidence which is reflected in the statement of the victim recorded under Section 164 Cr.P.C.
Learned counsel for the appellant has also submitted that in case, the appellant is enlarged on bail, he shall not misuse the liberty of bail and he shall also fully cooperate with the trial court in getting the trial concluded expeditiously. He has further submitted that there is no possibility of the appellant to intimidate or pressurize the witnesses or any other persons acquainted with the facts of the present case. The accused/ appellant is languishing in jail since 08.06.2022 who has no previous criminal history.
Learned counsel for the State has vehemently opposed the prayer of bail by submitting that the appellant is named in the first information report. However, he has been unable to dispute the fact that in her statement recorded under Section 164 Cr.P.C., the victim has not supported the prosecution case insofar as the existence of ingredients constituting offence under Section 354 I.P.C. are concerned.
Having heard the learned counsel for the parties and upon perusal of record, it transpires that the victim has stated nothing which prima facie constitute the offence under Section 354 I.P.C. There is nothing on record to show that the offence was committed because of the fact that the she was belonged to scheduled caste. The appellant is in jail since 08.06.2022 who has no previous criminal history.
Having regard to aforesaid overall facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and without expressing any opinion on the merits of the case, the Court is of the view that the appellant has made out a case for bail. It is ordered accordingly.
In the result, the appeal succeeds and the same stands allowed. Impugned judgment and order dated 08.06.2022 passed by Special Judge, Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, Ambedkar Nagar is hereby set aside.
Let appellant, Lodhai Chauhan be released on bail in aforesaid Case Crime on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:
(i) The appellant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence, if the witnesses are present in Court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law;
(ii) The appellant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;
(iii) In case, the appellant misuse the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the appellant fail to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code;
(iv) The appellant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge and (c) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him, in accordance with law.
(Ajai Kumar Srivastava-I, J.)
Order Date :- 31.8.2022
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