Bhoopendra v. State of U.P. and Another

Court No. - 85 Case :- CRIMINAL APPEAL No. - 8119 of 2023 Appellant :- Bhoopendra Respondent :- State Of U.P. And Another Counsel for Appellant :- Arun Kumar Vishvakarma Counsel for Respondent :- G.A.,Neeraj Hon'ble Mayank Kumar Jain,J.

¶1Heard learned counsel for the appellant, learned counsel for the informant, learned Additional Government Advocate for the State of U.P. and perused the record.

¶2This criminal appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellants with the prayer to set aside the bail rejection order dated 03.08.2023 passed by learned Special Judge (SC/ST Act), Mathura in Case Crime No. 225 of 2023, under Sections 366 IPC and Section 3(2) (V) of SC/ST Act, Police Station Jamunapar, District Mathura.

¶3As per FIR, the case of prosecution is that on 17.06.2023 at around 3.00 pm, daughter of informant was enticed away by the appellant.

¶4Learned counsel for the appellant argued that the appellant is innocent and has been falsely implicated in this case for the reason that appellant is a driver by profession and take bookings. Informant several times booked his vehicle. When appellant demanded amount of booking from the informant, informant denied to return the amount and threatened the informant to implicate falsely in a criminal case. It is further submitted that victim refused to undergo for her medical examination. It is also submitted that statement of the victim recorded under Section 164 Cr.P.C is tutored. It is also submitted that there is no allegation of any physical assault against the appellant. 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 languishing in jail since

21.06.2023 having no criminal history 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.

¶5Per contra, learned A.G.A. assisted by learned counsel for the informant has opposed the prayer for bail and submitted that prosecutrix has corroborated the version of prosecution but could not dispute the aforesaid factual aspects of the matter.

¶6Having regard to the facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, this Court is of the view that the appellant has made out a case for bail. The Court below 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 liable to be allowed.

¶7Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside.

¶8Let appellant, Bhoopendra, involved in the above Case be released on bail on furnishing a personal bond and two local and heavy 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.

(i) The appellant will not tamper with the evidence during the trial.

(ii) The appellant will not pressurize/intimidate the prosecution witness.

(iii) The appellant will appear before the trial court on the date fixed, unless personal presence is exempted.

(iv) The appellant shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.

(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. 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 :- 12.10.2023/PS High Court of Judicature at Allahabad