Allahabad High Court
Suraj Patel vs State Of U.P. Prin. Secy. Home. Lko ... on 27 January, 2023
Bench: Shree Prakash Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 27
Case :- CRIMINAL APPEAL No. - 2189 of 2021
Appellant :- Suraj Patel
Respondent :- State Of U.P. Prin. Secy. Home. Lko And Another
Counsel for Appellant :- Ajay Kumar Ojha,Prabhat Kumar Ojha
Counsel for Respondent :- G.A.
Hon'ble Shree Prakash Singh,J.
Case called out.
Vide order dated 4.1.2022, notice was issued to the opposite party no.2 and that too has been served but none is present on behalf of the opposite party no.2.
This Court is proceeding to hear the matter in the aforesaid circumstances.
Heard learned counsel for the applicant-appellant, Sri Aniruddh Kumar Singh, learned A.G.A.-I for the State and perused the record.
Instant criminal appeal under section 14-A(2) of SC/ST Act (Prevention of Atrocities) Act, has been filed challenging the Judgment and order dated 1.11.2021 passed by Special Judge SC/ST Act, Pratapgarh in Bail Application No.2454 of 2021 in Case Crime No.195 of 2020, under Sections 376/506 I.P.C. and 3(2) (v), 3(2) (va) of SC/ST Act Police Station Jethwara, District Pratapgarh. It has also been prayed that the appellant-applicant may be released on bail in the aforesaid sections during the pendency of trial.
Learned counsel for the applicant-appellant submits that the applicant is innocent and he has been falsely implicated in the present case due to ulterior motive. The F.I.R. is delayed by six days but no plausible explanation thereof has been furnished. He submits that prosecutrix has improved the version in her statement under Section 164 Cr.P.C. and that too is after thought. As per statement of the prosecutrix under Section 164 Cr.P.C., she was sleeping in her house and at about 10 pm. the applicant came into her house and has committed rape. She further stated that admittedly there was no light though it has not been explained that as to how she could identify the applicant when there was no light. The appellant is a law abiding citizen who is languishing in jail since 8.10.2021. There is no previous criminal history of appellant-applicant, which has been explained in para 16 of the application. There is no possibility of conclusion of the trial in near future. In case he is granted bail, he will not misuse the liberty and will co-operate in the trial proceedings.
On the other hand, learned A.G.A. for the State has also opposed the contention of the appellant-applicant and submits that the applicant is named in the F.I.R. There is specific allegation against the applicant of committing rape and the statements of the prosecutrix under Section 161 and 164 Cr.P.C. are intact and the same supports the version of the F.I.R., as such, the applicant is not entitled to be released on bail.
Having heard learned counsel for the parties and after perusal of the material placed on record, it is evident that F.I.R. is delayed by six days and there is no plausible explanation thereof; the prosecutrix has improved the version in her statement under Section 164 Cr.P.C.; there was no source of light but how the victim identified the applicant is not explained; the applicant is languishing in jail since 8.10.2021; there is no previous criminal history of appellant-applicant, which has been explained in para 16 of the application.
Resultantly, in the above facts and circumstances of the case and the arguments advanced on behalf of both the side and the facts that the trial of the case is not likely to be concluded in near future, hence, the appeal has substance and it is accordingly allowed and tthe Judgment and order dated 1.11.2021 passed by Special Judge SC/ST Act, Pratapgarh in Bail Application No.2454 of 2021 in Case Crime No.195 of 2020, under Sections 376/506 I.P.C. and 3(2) (v), 3(2) (va) of SC/ST Act Police Station Jethwara, District Pratapgarh, is hereby set aside.
Let the applicant-appellant, Suraj Patel, involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
1. The applicant-appellant will not tamper with the evidence.
2. The applicant-appellant will not indulge in any criminal activity.
3. The applicant-appellant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant-appellant will appear regularly on each and every date fixed by the trial court unless their personal appearance is exempted through counsel by the court concerned.
Order Date :- 27.1.2023
Ram Murti
