Rangoli @ Sakshi v. State of U.P. and Another

Court No. - 85 Case :- CRIMINAL APPEAL No. - 9493 of 2023 Appellant :- Rangoli @ Sakshi Respondent :- State of U.P. and Another Counsel for Appellant :- Arvind Prabodh Dubey,Ashok Kumar Giri Counsel for Respondent :- G.A. Hon'ble Mayank Kumar Jain,J. Mr. Ajay Singh informed about the court that the service of notice upon opposite party no. 2 is effected on 25.09.2023 but no one has put in appearance on his behalf. Heard learned counsel for the appellant, learned Additional Government Advocate for the State of U.P. and perused the record. The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant to set aside the impugned order dated

28.08.2023 whereby the Special Judge, SC/ST Act, Kushinagar has rejected the bail application of the appellant moved by him in Case Crime No. 219 of 2023, under Sections 34, 302, 504, 506 of IPC and under Section 3(2) (5) SC/ST Act, Police Station Tamkuhiraj, District Kushinagar. As per the FIR, the case of the prosecution is that the on

01.07.2023 at around 7:00 A.M. when informant, along with her mother and sister, were sitting outside the house of the appellant. Then appellant, Hemant Lal Srivastava and his wife, along with other named persons, reached there and addressed them with caste-related words. Thereafter, the appellant and another named person came there and threatened to kill the informant. Appellant and other named persons ran out of their house armed with a sharp weapon and attacked the mother of the informant. The mother of the informant sustained injuries as a result of she died. Learned counsel for the appellant has submitted that appellant is innocent and has been falsely implicated in this case. It is submitted that entire family is involved in this incident and general role has been assigned to all the persons named in the F.I.R. It is also submitted recovery of Iron Pipe attached with cycle chain has been made on the pointing of the Hemant Lal Srivastava, no recovery whatsoever has been made either on the pointing of the possession of the appellant. It is also submitted that appellant is young and unmarried girl. The appellant is languishing in jail since

01.07.2023 having no criminal history. In case, the appellant is released on bail, he will not misuse the liberty of bail. Per contra, learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid factual aspects of the matter. Having 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. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside. Let the appellant, namely, Rangoli @ Sakshi involved in the above Case 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.

(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 he is accused, or suspected, of the commission of which he is 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 :- 16.10.2023 Gaurav High Court of Judicature at Allahabad