Allahabad High Court
Sukhesh vs State Of U.P. And Another on 5 November, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:172527
Court No. - 83
Case :- CRIMINAL APPEAL No. - 4095 of 2024
Appellant :- Sukhesh
Respondent :- State of U.P. and Another
Counsel for Appellant :- Rakesh Kumar Verma,Vidya Dhar Yadav
Counsel for Respondent :- G.A.
Hon'ble Ms. Nand Prabha Shukla,J.
Heard learned counsel for the appellant, learned A.G.A. for the State and perused the record.
This Criminal Appeal has been preferred under Section 14-A (2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 to allow the present appeal of the appellant and be pleased to set aside the impugned judgment and order dated 05.04.2024, passed by the Additional District Session Judge/Ld. Special Judge SC/ST (PA) Act, Sambhal in Criminal Misc. Bail Application No. 62 of 2024 (Sukhesh Vs. State of U.P.) in Case Crime No. 169 of 2023, under Sections 376, 500 IPC, Section 67 B.I.T. Act and Section 3(2)(v) of the SC/ST (PA) Act, 1989, Police Station-Dhanari, District-Sambhal and release the appellant on bail.
It has been submitted by learned counsel for the appellant that as per the school leaving certificate of Class V, the date of birth of the victim is recorded as 23.05.2005 and is, accordingly, major. As per the statement of the victim recorded under Section 164 Cr.P.C., she has stated of making her photographs viral, but no such material has been produced to substantiate the same. During the trial proceedings, first informant and the victim have turned hostile. Co-accused Bhukesh has already been released on bail by the Trial Court. The appellant is languishing in jail since 09.09.2023. There is no other criminal history except the present case. There is no cogent evidence against the appellant and has been falsely implicated in the alleged offence.
On the other hand, learned A.G.A. for the State opposed the prayer for bail.
I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record including the impugned order carefully.
Having regard to the facts and circumstances of the case and keeping in view the nature of the offence, complicity of the accused, severity of punishment, this Court is of the opinion that the appellant has made out a fit case for bail. The learned trial Court erred in rejecting the bail application. The impugned order suffers from infirmity and illegality and the same is liable to be set-aside and the appeal is to be allowed.
Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside.
Let the appellant-Sukhesh involved in Case Crime No. 169 of 2023, under Sections 376, 500 IPC, Section 67 B.I.T. Act and Section 3(2)(v) of the SC/ST (PA) Act, 1989, Police Station-Dhanari, District-Sambhal be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The appellant will not tamper with the evidence during the trial.
2. The appellant will not pressurize/ intimidate the prosecution witness.
3. The appellant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 5.11.2024
Shivani
