Dismissed

Atal Joshi Alias Awadh Bihari v. State of U.P. and Another

Allahabad HC7 Feb 2023CRLA/6172/2022

Case brief

AI extract

What is this about?

Hearing a bail appeal filed against the rejection of a bail application in an atrocities case involving the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and IPC offences, the High Court dismissed the appeal, holding that the appellant had not established a sufficient case for bail. The court directed the trial court to record the informant's victim statement within fou

What did the court decide?

The bail appeal was rejected, and the appellant was directed to remain in jail until the trial court records the victim's statement.

Atal Joshi Alias Awadh Bihari Vs State of U.P… — Criminal Trial and Appeal | Allahabad HC (2023)

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Court No. - 93

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Case :- CRIMINAL APPEAL No. - 6172 of 2022

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Appellant :- Atal Joshi Alias Awadh Bihari Respondent :- State of U.P. and Another Counsel for Appellant :- Satya Prakash Rathor Counsel for Respondent :- G.A.,Sanjay Singh Sengar

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Hon'ble Surendra Singh-I,J.

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List revised.

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Compliance affidavit filed on behalf of the State in the Court today is taken on record.

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Heard Sri Ashish Pandey, Advocate holding brief of Sri Satya Prakash Rathor, learned counsel for the appellant, Sri Laxman Prasad, learned A.G.A. for the State and perused the record.

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No one has appeared on behalf of the respondent no. 2.

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The present criminal appeal under Section 14-A(2) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed against the order dated 06.08.2022 passed by Additional District and Sessions Judge (Court No.2)/ Special Judge, S.C./S/.T. Act, Mahoba, whereby the learned Judge has rejected the Bail Application Register No. 131 of 2022 (Bail Application Computer No. 795 of 2022), (State Vs. Atal Joshi alias Awadh Bihari) moved on behalf of the appellant in Case Crime No. 65 of 2022 under Sections 452, 342, 376 (2H), 504, 506, 323 I.P.C. & Sections 3(1)(Da), 3(1)(Dha), 3(2)(Va) and 3(2)(V) of S.C./S.T. Act, Police Station- Shreenagar, District- Mahoba.

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According to prosecution case, on 18.02.2022 at 11 p.m., informant's wife, Rachna Anuragi, aged 20 years, was sleeping in her room in her house. Her husband/informant, Kalicharan Kori, had gone to attend a marriage function. The informant's neighbour, Shivram Joshi's cousin, Atal Joshi alias Awadh Bihari had arrived in the house of Shivram. At 11 p.m., appellant entered into the house of informant and tied the hands and legs of informant's wife with her saree with the bed. She awoke. When she started shouting, the appellant tied his mouth with clothes, beat her and committed rape on her. The informant's nephew ( bhanja ), Saurabh, arrived there and saw the occurrence. The appellant threatened him with dire consequences and compelled him to leave the place of

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occurrence. On information being given to the informant, he arrived next in the morning and visited the police station concerned with his wife. The first information report was not registered and he was driven out of the police station. The appellant and his parents offered Rs.1,00,000/- to the informant for getting the matter settled amongst them out of the court.

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It has been submitted on behalf of the appellant that :-

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(i) the appellant has been falsely implicated for illegal extraction in the present case;

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(ii) the first information report has been lodged after an inordinate delay which has not been explained;

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(iii) about 1 and 1/2 years ago, victim's sister-in-law ( jethani ), Malti, had also lodged the first information report for the offence of rape against a villager;

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(iv) the appellant is in jail since 23.05.2022 and has no criminal antecedents to his credit. In case he is enlarged on bail, he will not misuse the liberty of bail.

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Per contra, learned A.G.A. for the State has opposed the prayer for bail of the appellant by stating that the victim has supported the prosecution case in her statement u/s 161 and 164 Cr.P.C. He has also submitted that on informant visited the police station concerned on the next day but the F.I.R. was not registered. When the informant failed to get the F.I.R. registered even after submitting applications to various police authorities, he submitted application u/s 156 (3) Cr.P.C. in the court concerned and on the order of the court concerned, the F.I.R. was registered. It is also submitted that informant's nephew, Saurabh Kumar in his statement recorded u/s 161 Cr.P.C. has stated that the victim had informed him about the incident soon after the occurrence. He had supported the prosecution case in his statement u/s 161 Cr.P.C. It is further submitted that Jagdish and Malti have stated in their statement recorded u/s 161 Cr.P.C. that the victim soon after the occurrence informed them about the occurrence.

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Considering the submissions made on behalf of both the learned counsel for the appellant and learned A.G.A. and after perusal of the statement u/s 161 Cr.P.C. and 164 Cr.P.C. of the victim and statements u/s 161 Cr.P.C. of witnesses, Saurabh, Jagdish and Malti and the fact that charge-sheet has been filed but the statement of the informant/victim has not yet been recorded in the

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court but without commenting on the merits of the case, the Court is of the opinion that the appellant has not made out a case for bail at this stage.

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The bail application is hereby rejected.

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Accordingly, the appeal is disposed of with the direction to trial court to record the statement of informant/victim, as expeditiously as possible, preferably within a period of four months from the date of filing of certified copy of this order before the court concerned.

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The observations made in this order is only for the purpose of bail and it shall not impact the proceedings of the trial court while deciding the case on merits.

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Order Date :- 7.2.2023 KS

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Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad

Atal Joshi Alias Awadh Bihari v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Atal Joshi Alias Awadh Bihari v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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