Criminal Appeal dismissed. The Allahabad High Court affirmed the Special Judge's order rejecting the bail application of the appellant, Tarachand @ Tarun Kumar, charged under SC/ST Act and IPC sections in a murder and rape case.
Criminal Appeal dismissed; plea for bail rejected; trial court directed to conclude trial expeditiously.
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:140813
Court No. - 85
Case :- CRIMINAL APPEAL No. - 3033 of 2023
Appellant :- Tarachand @ Tarun Kumar Respondent :- State of U.P. and Another Counsel for Appellant :- Jitendra Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Mayank Kumar Jain,J.
Despite service of notice, none present for the respondent no.2.
Heard learned counsel for the appellant, Ms. Reema Gupta, 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 02.02.2023 whereby the Special Judge, SC/ST Act, Pilibhit has rejected the bail application of the appellant moved by him in Case Crime No. 428 of 2022, under Sections 302, 452, 504, 506 IPC and Section 3(2)5 of SC/ST Act, Police Station Madhotanda, District Pilibhit.
As per the FIR the case of the prosecution is that on 07.09.2022 at around 12.00 noon when the daughter of the informant was alone in her house the appellant along with other person Rajbeer entered into the house of the complainant and Rajbeer committed rape with his daughter. On making protest the present appellant poured diesel on the daughter of the informant and Rajbeer set her ablaze. The daughter of the informant was abused with caste related words and was threatened.
Learned counsel for the appellants has submitted that appellant is innocent and has been falsely implicated in this case due to village party bandi. The dying declaration of the deceased were recorded in which she has not mentioned the name and role of the present appellant. The informant is not the eye witness of the incident therefore, the version of the FIR that appellant was involved in the incident cannot be believed. It is a case of malicious prosecution under the provisions of S.C./S.T. Act. Appellant is languishing in jail since 11.09.2022 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 statement of the victim was recorded under Section 161 Cr.P.C. in which she stated about active participation of the present appellant in the incident. Specific role is attributed to the present appellant. A 'Jari cane' of five liter was also recovered from the place of occurrence which was smelling with diesel. The deceased died due to ante mortem injuries.
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 02.02.2023 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 :- 17.7.2023 Mohit
Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad
3 issues framed by the court
Whether the bail application filed by the appellant in the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act case should be rejected.
Whether the appellant is entitled to be enlarged on bail in a murder-cum-atrocity case.
Whether the impugned order rejecting bail passed by the Special Judge, SC/ST Act is sustainable.
5 provisions across 2 enactments
Tarachand @ Tarun Kumar
State of U.P.
Mayank Kumar Jain
Mohit Kumar Kushwaha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
