The High Court of Judicature at Allahabad dismissed a criminal appeal filed under Section 14-A(2) of the SC/ST Act against the rejection of bail. The Court affirmed the Special Judge's order, holding the appellant not entitled to bail in the rape and assault case.
The criminal appeal is dismissed; bail is not granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:129877
Court No. - 85
Case :- CRIMINAL APPEAL No. - 2407 of 2023
Appellant :- Chandrabhawan Yadav Respondent :- State of U.P. and Another Counsel for Appellant :- Virendra Kumar Jaiswal,Santosh Kumar Counsel for Respondent :- G.A.
Hon'ble Mayank Kumar Jain,J.
As per office report notice is served upon opposite party no.2.
Heard learned counsel for the appellant, Sri S.K. Ojha, learned AGA for the State and perused the material placed on 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 15.02.2023, whereby the Special Judge, SC/ST Act/Additional Sessions Judge, Banda has rejected the bail application of the appellant moved by him in Case Crime No. 248 of 2022, under Sections 376, 452 IPC and Section 3(2)5 SC/ST Act, Police Station Kamasin, District Banda.
Learned counsel for the appellants has submitted that appellant is innocent and has been falsely implicated in this case. It is submitted that age of the victim is 22 years and there are material contradiction in the statement of the prosecutrix under Section 161 and 164 Cr.P.C. It is submitted that the medical report does not corroborate the prosecution version that appellant committed rape with the prosecutrix. It is submitted that during medical examination no injury was observed on the person of the prosecutrix. It is a case of malicious prosecution under the provisions of S.C./S.T. Act. Appellant is languishing in jail since 12.12.2022 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 supported the order passed by the Sessions court and vehemently opposed the prayer for grant of bail to the appellant and argued that the argument of the appellant that victim was a consenting party cannot be accepted since statement under Section 164 Cr.P.C. of the prosecutrix discloses that she was unable to speak and her statement was recorded through her sister
Kalpna by making some specific indication by the prosecutrix. It is also submitted that in her statement under Section 164 Cr.P.C. the prosecutrix specifically indicated the manner of crime committed against her by the appellant.
It appears from the arguments advanced by the counsel for the parties and from perusal of material on record that the court below has properly considered the case of the appellant. Hence, in view of above consideration, the order of rejection of bail passed by the court below dated 15.02.2023 is affirmed.
Having considered the submissions of the parties noted above, finding no force in the submissions made by the learned counsel for the appellant; without expressing any opinion on the merits of the case, the Court is of the opinion that the appellant is not entitled to be enlarged on bail and the appeal deserves to be dismissed.
The criminal appeal is dismissed.
The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously in accordance with law, if there is no other legal impediment.
It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 3.7.2023 Mohit
Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the criminal appeal against the rejection of bail under Section 14-A(2) of the SC/ST Act deserves to be allowed.
Whether the appellant is entitled to be enlarged on bail in a case under Sections 376 and 452 IPC alongside the SC/ST Act.
Colour shows how this judgement treated each authority
None cited in textReferred
3 provisions across 2 enactments
Chandrabhawan Yadav
State of U.P.
Another
Mayank Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
