Sonu Kewat vs State Of U.P. And Another
2022 Latest Caselaw 19099 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 65
 

 
Case :- CRIMINAL APPEAL No. - 5392 of 2022
 

 
Appellant :- Sonu Kewat
 
Respondent :- State of U.P. and Another
 
Counsel for Appellant :- Virendra Singh,Shiva Ji
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.

Heard Shri Virendra Singh, learned counsel for the appellant, Shri Om Prakash Dwivedi, learned A.G.A. for the State and perused the material on record. Despite service of notice upon second respondent, none appears on his behalf.

The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant Sonu Kewat to set aside the impugned order dated 20.7.2022, whereby the Special Judge (SC/ST Act), Chitrakoot has rejected the bail application No. 802 of 2022 of the appellant moved by him in Case Crime No. 72 of 2022, under Sections 376, 323, 504, 506, IPC and Section 3(2)(v) of SC/ST Act, Police Station Mau, District Chitrakoot.

Brief facts of the case are that the first information report dated 26.3.2022 was lodged by the father of the victim against the appellant and one unknown person under Sections 365, 376D, 323, 504, 506, IPC and Section 3(2)(v) of the SC/ST Act stating that on 15.3.2022 at 10.00 p.m. his daughter went to ease herself in the field. The appellant and other unknown person caught hold his daughter, abused her by using caste derogatory words and threatened with dire consequences. When he daughter did not come, he made search, but could not find out. At about 11.00 p.m. he received a phone call and his daughter told him that she will come next day. He informed the police and the police also talked to his daughter. His daughter returned back at 5.00 a.m. in the morning and told the incident to the first informant.

After lodging the first information report, statement of the victim under Section 161, Cr.P.C. was recorded on 26.3.2022. Medical examination of the victim was conducted on 27.3.2022. Statement of the victim under Section 164, Cr.P.C. was recorded on 28.3.2022. After collecting the call detail report of the accused and the victim and recording the statements of the other prosecution witnesses, charge sheet had been submitted against the appellant on 8.6.2022. The appellant was arrested on 12.4.2022.

Learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that during the investigation call detail report of the victim and the appellant were collected. As per call detail report, from 28.1.2022 to 15.3.2022 for 46 days about 1500 call were found between the appellant and the victim. On 15.3.2022 till 4.20 hours to 23.06 hours, 29 calls between the appellant and the victim were found. It is further submitted that the victim was consenting party. The victim called the appellant from Rajasthan and she went with him on her free and sweet will and thereafter she changed. It is further submitted that mother of the appellant has also lodged first information report against the first informant under Section 376, 506, IPC with regard to incident dated 23.3.2022. Statement of the victim recorded under Section 164, Cr.P.C. reveals the fact that she was consenting party. The appellant has criminal history of one case under Section 323, 147, IPC. It is further submitted that the appellant is languishing in jail since 12.4.2022.

It is further submitted that there is no possibility of the appellant of fleeing away after being released on bail or tampering with the witnesses. In case the appellant is enlarged on bail, he shall not misuse the liberty of bail.

Per contra, learned A.G.A. has supported the order passed by the Special Judge and vehemently opposed the prayer for grant of bail to the applicant. But he could not point out any material to the contrary. He further submits that in case the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail.

After considering the facts of the present case it prima facie appears that;

(a) The victim was major at the time of the incident;

(b) 1529 calls were found between the appellant and the victim since 28.1.2022 to 15.3.2022;

(c) Mother of the appellant has also lodged first information report against the first informant under Section 376, 506, IPC with regard to incident dated 23.3.2022;

(c) The appellant is languishing in jail since 12.4.2022.

It is a settled law that while granting bail, the court has to keep in mind the nature of accusation, the nature of the evidence in support thereof, the severity of the punishment which conviction will entail, the character of the accused, the circumstances which are peculiar to the accused, his role and involvement in the offence, his involvement in other cases and reasonable apprehension of the witnesses being tampered with.

Taking into account the totality of facts and keeping in mind, the ratio of the Apex Court's judgment in the case of State of Rajasthan v. Balchand @ Baliay (1977) 4 SCC 308, Gudikanti Narasimhulu And Ors., v. Public Prosecutor, High Court Of Andhra Pradesh, AIR 1978 SC 429, Ram Govind Upadhyay v. Sudarshan Singh & Ors., (2002) 3 SCC 598, Prasanta Kumar Sarkar v. Ashis Chatterjee & Anr., (2010) 14 SCC 496 and Mahipal v. Rajesh Kumar & Anr., (2020) 2 SCC 118, the larger interest of the public/State and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail. Hence, the present criminal appeal is allowed and impugned order dated 20.7.2022 is set aside.

Let appellant/applicant, Sonu Kewat be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:

(i) The applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.

(iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 of Cr.P.C.

(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court.

(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.

(vi) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. If in the opinion of the trial court that absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed in accordance with law.

The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously in accordance with law after the release of the applicant, if there is no other legal impediment.

It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant along-with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked ;

The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

Order Date :- 29.11.2022

T. Sinha