Dismissed

Premkant Yadav v. State of U.P.

Allahabad HC19 Jul 2023CRLA/5419/2023

Case brief

AI extract

What is this about?

This criminal appeal was filed to set aside the bail rejection order. The High Court held that the nature of the offence and available evidence did not make it a fit case for anticipatory bail, dismissing the appeal.

What did the court decide?

The criminal appeal is dismissed. The bail rejection order is upheld.

What the court decided

Premkant Yadav Vs State of U.P. — Writ and Judicial Review | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:144394

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Court No. - 85

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Case :- CRIMINAL APPEAL No. - 5419 of 2023

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Appellant :- Premkant Yadav Respondent :- State of U.P. Counsel for Appellant :- Lal Bahadur Yadav Counsel for Respondent :- G.A.

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Hon'ble Mayank Kumar Jain,J.

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Heard learned counsel for the appellant, learned counsel for the informant/opposite party no.2, learned Additional Government Advocate for the State of U.P. and perused the record.

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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 15.04.2023 passed by learned Special Judge [SC/ST (P.A.) Act], Jaunpur, arising out of Case Crime No. 127 of 2023, under Sections 376, 506 I.P.C. and Section 3 (2) (5) of S.C./S.T. Act and 67 Information Technology Act, 2000 , Police Station Line Bazar, District Jaunpur.

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As per the FIR version, the case of the prosecution is that appellant made physical relation with the first informant on the pretext of marrying her and when the victim came to know that appellant is already married person and having two children. She stopped meeting with him. On 03.03.2023 at around 12.30 pm when the victim was returning from her college, the appellant chased her and forcefully took her away on the motor-cycle to Hussainabad colony and established physical relationship forcefully with her and thereafter threatened her that he would make viral her video on the social media. On the next day, when

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the victim checked her Facebook account, she found that appellant has made five Facebook IDs in her name and made her video viral.

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It is submitted by the learned counsel for the appellant that appellant is innocent and he has been falsely implicated in the present case. The father of the victim contacted the family member of the appellant in the year 2022 and compelled the appellant to marry with his daughter, thereafter victim herself refused to marry with the appellant. As per the evidence available on record, no offence under Section 376, 506 IPC and 3 (2) 5 SC/ST Act is made out against the appellant.

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Per contra, learned A.G.A. vehemently opposed the prayer for anticipatory bail contending that the victim in her statements recorded under Sections 161 and 164 Cr.P.C. consistently corroborated the F.I.R. version that in spite of being a married person and father of two children, the appellant misled the victim and made false promise of marriage, and established physical relationship with the victim. The appellant, prima facie, has failed to establish his case for bail, therefore, the appeal of the appellant is not maintainable under Section 18 of S.C./S.T. Act. Hence, the appeal is liable to be dismissed.

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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, I do not find it a fit case for anticipatory bail.

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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,

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hence, the present criminal appeal lacks merit and deserves to be dismissed.

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Accordingly, the criminal appeal is dismissed .

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Order Date :- 19.7.2023 Ashutosh

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Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad

Premkant Yadav v. State of U.P.

Case brief

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Premkant Yadav v. State of U.P.

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