Allowed

Furqan v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC31 Jul 2023/751/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed the criminal appeal against bail rejections under the SC/ST Act and IPC, finding the lower court failed to appreciate material. The court held consent was established by the victim's statement regarding their relationship and age, making the accused eligible for bail.

What did the court decide?

The order of bail rejection by the Special Judge, S.C./S.T. Act, Sitapur, dated 17.02.2023 and 21.02.2023, is set aside and reversed, and the appellant is released on bail under specific conditions.

Furqan Vs State of U.P. Thru. Prin. Secy… — Pension and Retirement Benefits | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC-LKO:50100

¶2

Court No. - 15

¶3

Case :- CRIMINAL APPEAL No. - 751 of 2023

¶4

Appellant :- Furqan Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Appellant :- Hari Nath Singh,Karnika Singh Counsel for Respondent :- G.A.

¶5

Hon'ble Shamim Ahmed,J.

¶6

Learned AGA has filed counter affidavit in Court. The same is taken on record.

¶7

Heard Sri Hari Nath Singh, learned counsel for the appellant, Ms. Charu Singh, learned A.G.A. for the State and perused the entire record.

¶8

This Criminal Appeal under Section 14-A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been preferred against the impugned orders dated 17.02.2023 and 21.02.2023 passed by the learned Special Judge, S.C./S.T. Act, District - Sitapur in Bail Application Nos.175/2023 and 238 of 2023, respectively, arising out of Case Crime No.351 of 2022, under Sections 363, 366 I.P.C. and Sections 3(1)Da, Dha, 3(2)V of S.C./S.T. Act, Police Station Rampur Kalan, District - Sitapur, whereby the bail applications of the appellant have been rejected.

¶9

This Court vide order dated 03.03.2023 issued notice to opposite party no.2.

¶10

As per office report dated 04.04.2023, notice has already been served upon opposite party no.2 personally but till date no counter affidavit has been filed, neither any counsel representing the opposite party no.2 has appeared, it appear that

¶11

the opposite party no.2 is not interested to contest this case.

¶12

Learned counsel further submitted that the matter pertains to bail. This Court has no any other option but to hear the matter finally.

¶13

Learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in the present case due to enmity and village party bandi. The first information report was lodged by the mother of the victim against the appellant. When the victim was recovered and her statement under Section 161 Cr.P.C. was recorded. In the said statement the victim admitted the fact that she knew the appellant/applicant for the last 2-3 months and she used to talk to the appellant on mobile phone. She went on her own sweet-will to Sitapur and thereafter the appellant met her at Sitapur Railway Station, then the police caught them. She also stated in her statement that the appellant did not make any physical relation with her. In her statement recorded under Section 164 Cr.P.C., she has repeated almost the same version which she has given under Section 161 Cr.P.C. and has stated that she went to Sitapur on her own sweet-will and she knew the appellant for the last 2-3 months. It was also stated in the statement that no physical relation was made by the appellant and she admitted her age to be 17 years and a student of Class-VIII.

¶14

Learned counsel for the appellant submitted that seeing the statement recorded under Sections 161 and 164 Cr.P.C., the parties appear to be consenting parties. and taking her age as 17 years and taking the benefit of two years either side, she appears to be major and she is free to go anywhere as per her own sweetwill. She has not made any allegation of physical relation against the appellant. The prosecutrix and the appellant are in love affairs for the last 2-3 months and they used to talk

¶15

on telephone. Thus the entire allegation as levelled by the prosecution in the first information report is false and fabricated. No case under Sections 363 and 366 IPC is made out against the appellant and even though no crime was committed on the public place, thus the provision of SC/ST Act is not attracted in the case of present appellant.

¶16

Several other submissions in order to demonstrate the falsity of the allegations made against the appellant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the appellant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been pointed out that the accused is not having any criminal history and he is in jail since 12.09.2021 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.

¶17

Ms. Charu Singh, learned AGA opposed the prayer for bail, however, she did not dispute this fact that there is no any allegation of forceful objection or committing forceful physical realation against the appellant and she also submits that as per her own statement the prosecutrix/victim has admitted her age to be 17 years. But she submitted that the crime has been committed by the appellant and the bail application should be rejected.

¶18

After considering the argument as advanced by learned counsel for the parties and after perusal of the record, this Court finds that the victim in her statement recorded under Sections 161 and 164 Cr.p.c, as herself submitted that she was in love affairs

¶19

with the appellant for the last 2-3 months and used to talk on mobile phone and she went with her own sweet will to Sitapur and thereafter the appellant came at Sitapur Railway station and she also went at Railway Station Sitapur, where the police caught them. There also appears force in the argument of the learned counsel for the appellant that as the victim herself admitted her age to be 17 years then taking benefit of ether side she appears to be major and the parties are consenting party. Further no allegation of physical relation was made against the appellant. Thus as per the age she is major and she went with her own sweet will thus, there also appears force in the argument of counsel for the appellant that the provision of Sections 363 and 366 IPC is not attracted in the case of the appellant. Further there is no any public eye witness as well as the provision of SC/ST is also not attracted. Further considering the larger mandate of the Article 21 of the Constitution of India and the law laid down by the Hon'ble Apex Court in the case of Dataram Singh vs. State of UP and another, reported in (2018) 3 SCC 22 , this Court is of the view that the learned court below has failed to appreciate the material available on record. The order passed by the court below is liable to be set aside.

¶20

Accordingly, the appeal is allowed. Consequently, the impugned orders dated 17.02.2023 and 21.02.2023 passed by the learned Special Judge, S.C./S.T. Act, District - Sitapur in Bail Application Nos.175/2023 and 238 of 2023, respectively, arising out of Case Crime No.351 of 2022, under Sections 363, 366 I.P.C. and Sections 3(1)Da, Dha, 3(2)V of S.C./S.T. Act, Police Station Rampur Kalan, District - Sitapur, is hereby set aside and reversed.

¶21

Let the appellant, Furqan be released on bail in the Case Crime

¶22

No.230 of 2021, under Sections 376, 366 I.P.C. and Section 3(2)5 of S.C./S.T. Act, Police Station Hasanganj, District Unnao with the following conditions:-

¶23

(i) The appellant shall furnish a personal bond with two sureties each of like amount to the satisfaction of the court concerned.

¶24

(ii) The appellant shall appear and strictly comply following terms of bond executed under section 437 sub section 3 of Chapter- 33 of Cr.P.C.:-

¶25

(a) The appellant shall attend in accordance with the conditions of the bond executed under this Chapter.

¶26

(b) 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, and

¶27

(c) 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.

¶28

(iii) The appellant shall cooperate with investigation /trial.

¶29

(iv) The appellant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

¶30

(v) The appellant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

¶31

(vi) In case, the appellant misuses the liberty of bail during trial, in order to secure his presence, proclamation under section 82 Cr.P.C. is issued and the appellant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

¶32

(vii) The appellant shall remain present, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the appellant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

¶33

(viii) The trial court is also directed to expedite the trial of the aforesaid case by following the provisions of Section 309 Cr.P.C., strictly without granting any unnecessary adjournments to the parties, in case there is no other legal impediment.

¶34

Order Date :- 31.7.2023 KR

¶35

Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Furqan v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

What is this about?

What did the court decide?

Furqan v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Pawan Verma Vs State of U.P. through Principal Secretary Department of Home , Lucknow and Anr.

Shailendra Singh @ Suraj Singh Vs State of U.P. Thru Prin.Secy. Home Lucknow and Anr.

Amlesh Sharma @ Kunnu Sharma Vs State of U.P Thru. Prin. Secy. Home Lko. and Another

Mukesh Kumar @ Harpath and Another Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Mukesh Kumar Yadav Vs State of U.P. Thru. Prin. Secy. Home Deptt., Lko. and Another

Dhirendra Kumar Verma Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another