Allahabad High Court
Shubham Srivastava vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 16 May, 2024
Author: Saurabh Lavania
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:37669
Court No. - 13
Case :- CRIMINAL APPEAL No. - 3589 of 2023
Appellant :- Shubham Srivastava
Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another
Counsel for Appellant :- Ramakar Shukla,Subodh Kumar Pandey
Counsel for Respondent :- G.A.,Ravindra Kumar Singh
Hon'ble Saurabh Lavania,J.
1. Rejoinder affidavit filed by the appellant in Court today is taken on record.
2. Heard.
3. The present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 against the impugned order dated 13.12.2023 passed by Special Judge, SC/ST Act, Sitapur in Bail Application No. 2065 of 2023, arising out of F.I.R/ Case Crime No. 491 of 2023, under Sections 323, 506, 504, 406, 376 I.P.C., and Section 3(2)(v) of SC/ST Act, Police Station- Kotwali Nagar, District- Sitapur.
4. While pressing the present appeal counsel for the appellant submits that if the story of the prosecution is taken on its face value then in that eventuality, the case of the appellant is squarely covered by the judgment(s) of Hon'ble Apex Court rendered in the case of Deepak Gulati vs. State of Haryana (2013) 7 SCC 675; Sonu @ Subhash Kumar vs. State of U.P. and Another (2021) 7 SCC; and Mandar Deepak Pawar vs. State of Maharashtra and Another 2022 SCC OnLine SC 2110.
5. In continuation, counsel for the appellant submitted that the appellant, who is in jail since 07.09.2023 and has no criminal history, has been falsely implicated in the instant case and the entire story against the appellant, indicated by the victim and that the appellant established physical relations with the victim on the pretext of marriage is false and concocted.
6. The F.I.R. lodged on 18.08.2023 showing the incident of 14 years itself speaks that the FIR/allegations against the appellant, is completely false and concocted and the same was lodged with oblique motive including to get the financial benefits from the State Exchequer.
7. He further submitted that the the victim presently aged about 37 years and she developed physical relations with the appellant with her own free and sweetwill and later on she compelled the appellant to perform the marriage with her. When the family members of the appellant refused to perform the marriage of the appellant with the victim then just to extract pressure, the FIR in issue was lodged.
8. He further submitted that the chances of conviction of the appellant in the instant case are extremely bleak in view of the law related to establishing relationship on the pretext of false promise of marriage.
9. He also stated that as per the observations made by Hon'ble Apex Court in the above referred judgments to attract the offence under Section 376 IPC, the allegation should be to the effect that from the inception, the consent by the victim is a result of a false promise to marry and from the F.I.R., it reflects that the said contents in its true spirit are missing.
10. He lastly submitted that all the aforesaid aspects of the case were not considered by the trial court, as such, the present appeal is liable to be allowed and the impugned order may be set aside and the appellant be enlarged on bail.
11. Learned counsel for the respondents opposed the prayer for bail, however, he could not dispute the aforesaid contention of counsel for the appellant.
12. Considered the submissions advanced by the counsel for the appellant, learned counsel for the respondent and all the relevant documents placed on record.
13. Upon due consideration of the facts and circumstances of the case, submissions of counsel for the appellant and learned A.G.A., F.I.R., impugned order, as also the observations made by Hon'ble Apex Court in the judgments, referred above, including that the appellant is in jail since07.09.2023 and has no criminal history as also the chances of conviction of the appellant in the instant case, this Court finds that the present appeal is liable to be allowed. Accordingly, it is allowed.
14. Order dated13.12.2023 passed by Special Judge, SC/ST Act, Sitapur in Bail Application No. 2065 of 2023, arising out of F.I.R/ Case Crime No. 491 of 2023, under Sections 323, 506, 504, 406, 376 I.P.C., and Section 3(2)(v) of SC/ST Act, Police Station- Kotwali Nagar, District- Sitapur, is hereby set aside.
15. Let appellant- Shubham Srivastava be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following additional conditions :-
(i) The appellant shall cooperate with the prosecution during trial.
(ii) The appellant shall not tamper with the evidence during trial.
(iii) The appellant shall not pressurize/intimidate the prosecution witness(s).
(iv) The appellant shall not commit an offence.
(v) The appellant 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.
(vi) The appellant shall remain present before the trial court on each date fixed, either personally or through counsel.
(vii) The appellant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court.
(viii) The appellant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C.
16. In case of default of above conditions, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law
17. As this order relates to enlargement of the appellant on bail, it is clarified that observation(s) made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation(s) made in this order.
Order Date :- 16.5.2024
Mohit Singh/-
