Criminal Appeal dismissed as the High Court found no merit in the appellant's bail application. The court held that the active participation in the alleged rape made the case unfit for bail and no reason to interfere with the trial court's findings.
Criminal Appeal No. 3095 of 2021 dismissed; no bail granted.
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Neutral Citation No. - 2023:AHC:143026
Court No. - 85
Case :- CRIMINAL APPEAL No. - 3095 of 2021
Appellant :- Ajay Sharma Respondent :- State of U.P. and Another Counsel for Appellant :- J.K.S. Yadav,P.K. Rao,Parmeshwar Kr. Chaudhary,Pramod Kumar Singh,Swarn Lata Suman Counsel for Respondent :- G.A.,Aditya Vikram,Ram Manohar Kashyap
Hon'ble Mayank Kumar Jain,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the appellant, learned Additional Government Advocate for the State of U.P., learned counsel for the informant 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 impugned judgment and order dated 07.07.2021 passed by learned Special Judge SC/ST (P.A.) Act, Ghazipur in Criminal Misc. Bail Application No.1399 of 2021 arising out of Case Crime No.50 of 2021, under Sections 376, 452, 506 I.P.C. and Section 3(2)(V) of SC/ST (P.A.) Act, Police Station Rewatipur, District Ghazipur.
As per the version of first information report, case of the prosecution is that on 31.05.2021 at around 3.00 a.m. the appellant entered into the house of informant and tied her face. The appellant had taken the prosecutrix to the house of Lal Mohar and was committed rape with the prosecutrix. On raising alarm the brotherin-law and sister-in-law of the appellant came there and the appellant ran away.
It is submitted by learned counsel for the appellant that appellant is innocent and has been falsely implicated. It is further submitted that the appellant is younger than the prosecutrix, therefore, the prosecution story cannot be believed. It is further submitted that it is not possible that the incident was committed by the appellant in the house of some other person. During medical examination no sign of physical assault was observed. The appellant has no 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 in jail since 05.06.2021 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. assisted by learned counsel for the informant opposed the bail application and has submitted that the statement of prosecutrix has been recorded under Section 161 & 164 Cr.P.C. in which she has corroborated the version of prosecution.
Having regard to the facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the active participation of the appellant in the commission of crime, I do not find it fit case for bail.
Since the trial court has passed the impugned order after appreciating the evidence available on record, there is no occasion to interfere with the finding of fact recorded by the trial court, hence, the present criminal appeal lacks merit and deserves to be dismissed.
Accordingly, the criminal appeal is dismissed .
Order Date :- 18.7.2023 Atul
Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad
3 issues framed by the court
Whether bail should be granted to the appellant in a rape case under the SC/ST (Prevention of Atrocities) Act.
Whether the High Court should interfere with the trial court's finding rejecting bail in a rape case.
Whether the appellant's lack of criminal history and youth make him fit for bail.
3 provisions across 2 enactments
Ajay Sharma
State of U.P.
Mayank Kumar Jain
Atul Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
