Israr Shekh vs State Of U.P. And Another
2023 Latest Caselaw 17092 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:138688
 
Court No. - 85
 

 
Case :- CRIMINAL APPEAL No. - 3350 of 2023
 

 
Appellant :- Israr Shekh
 
Respondent :- State of U.P. and Another
 
Counsel for Appellant :- Surendra Mohan Mishra,Vishveshwar Mani Tripathi
 
Counsel for Respondent :- G.A.,Shahroze Khan
 

 
Hon'ble Mayank Kumar Jain,J.

Counter affidavit filed by learned counsel for the informant and rejoinder affidavit filed by learned counsel for the appellant are taken on record.

Heard learned counsel for the appellant, learned counsel for opposite party no.2, learned Additional Government Advocate for the State of U.P. and perused the record.

This criminal appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred against the impugned judgment and order dated 01.03.2023 passed by learned Additional District and Sessions Judge/Special Judge S.C./S.T. (P.A.) Act, Siddharth Nagar passed in Criminal Misc. Bail Application No.160 of 2023 (Israr Shekh Vs. State of U.P.) arising out of Case Crime No.129 of 2022, under Sections 366, 368, 406, 323, 376 I.P.C. and Section 3(1)(Da), 3(2)(V) and 3(2)(va) of SC/ST (P.A.) Act, Police Station Bhawaniganj, District Siddharth Nagar.

It is submitted by learned counsel for the appellant that appellant is innocent and has been falsely implicated. It is submitted that the victim came with the appellant along with her ornaments. The first information report of the incident was lodged after delay of three months fourteen days and no explanation has been given. The victim filed a case under Section 12 of Protection of Women from Domestic Violence Act, 2005 against her in-laws. The victim submitted an affidavit before the Court that she was living in relationship with the present appellant. It has been further submitted that the victim was consenting party and she established physical relation with the appellant on her sweet will since she was major. Lastly, it is submitted by learned counsel for the appellant that there is no chance of the appellant fleeing away from the judicial process or tampering with the prosecution evidence. The appellant is in jail since 06.01.2023 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.

Per contra, learned A.G.A. assisted by learned counsel for the informant opposed the bail application and has submitted that the appellant on the pretext of threat given to the victim that he will disclose this fact that victim was in conversation with him, obtained all ornaments from the victim. In her statement under Section 161 and 164 Cr.P.C. she made consistent allegation for establishing forceful physical relationship. Since the victim was already married lady, therefore, cannot be live in relationship with the present appellant.

Having regard to the facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the active participation of the appellant in the commission of crime, I do not find it fit case for bail.

Since the trial court has passed the impugned order after appreciating the evidence available on record, there is no occasion to interfere with the finding of fact recorded by the trial court, hence, the present criminal appeal lacks merit and deserves to be dismissed.

Accordingly, the criminal appeal is dismissed.

Order Date :- 12.7.2023

Atul