Shiva Thakur @ Shiva Singh v. State of U.P. and Another

Court No. - 85 Case :- CRIMINAL APPEAL No. - 9211 of 2023 Appellant :- Shiva Thakur @ Shiva Singh Respondent :- State of U.P. and Another Counsel for Appellant :- Jitendra Kumar Mishra Counsel for Respondent :- G.A.,Anupam Tripathi Hon'ble Mayank Kumar Jain,J. List revised. No one appears for the informant/opposite party no.2 even in the revised call. Heard learned counsel for the appellant, 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 by the appellant with the prayer to set aside the bail rejection order dated 14.08.2023 passed by learned Special Judge SC/ST Act, Farrukhabad in Bail Application No. 1823 of 2023, arising out of Case Crime No. 91 of 2023, under Sections 376 IPC and Section 3 (2) (V) of SC/ST Act, Police Station Rajepur, District Farrukhabad. As per prosecution version, appellant used to establish physical relations with the prosecution on the pretext of promise of false marriage since last one and half years. On 31.05.2023 at around 11 pm, appellant came to the house informant/victim and forcibly made physical relation with her. Learned counsel for the appellant argued that the appellant is innocent and he has been falsely implicated in this case. It is further submitted that prosecutrix is a major girl aged around 19 years and she was a consenting party. Prosecutrix made physical relation with the appellant at her own accord. It is also submitted that medical report of the prosecutrix does not corroborate the version of prosecution. It is further submitted that appellant has not addressed the victim by caste related words, therefore, no offence under Section 3 (2) (V) of SC/ST Act is made out. The appellant does not have any criminal history to his credit. 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

11.06.2023 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. 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, Shiva Thakur @ Shiva Singh 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 ofÏcer 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 :- 27.10.2023/AKT High Court of Judicature at Allahabad