Allowed

Shani Patel v. State of U.P. and Another

Allahabad HC13 Feb 2023CRLA/7014/2022

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a criminal appeal against an order rejecting bail under the SC/ST Act. Holding that the appellant had married the victim with free consent and they now live together with the victim child, the court opined that the appellant made out a case for bail and released him on bond.

What did the court decide?

The appeal against the order rejecting bail is allowed; the accused is released on bail on furnishing a personal bond and two sureties.

Shani Patel Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2023)

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Court No. - 93

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Case :- CRIMINAL APPEAL No. - 7014 of 2022

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Appellant :- Shani Patel Respondent :- State of U.P. and Another Counsel for Appellant :- Ravendra Pratap,Girjesh Kumar Srivastava,Sati Shanker Tripathi Counsel for Respondent :- G.A.,A.K. Mishra

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Hon'ble Surendra Singh-I,J.

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Heard learned counsel for the appellant, learned A.G.A. appearing on behalf of the State and learned counsel for opposite party no. 2 and perused the material available on record.

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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 08.09.2022 passed by the Special Judge (SC/ST) Act, Allahabad whereby the learned Judge has rejected the Bail Application No. 4760 of 2022 arising out of Case Crime No. 1156 of 2021, under Sections 376 (2) N, 506 I.P.C. and Section 3(2) V of SC/ST Act, police station Dhoomanganj district Prayagraj.

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According to prosecution case, informant/victim and appellant accused are resident of Mubarakpur Kotwa, Begum Sarai, police station Dhoomanganj, Prayagraj. The appellant accused used to have obscene conversation and used to show absence video to the informant/victim for one year. On 5th July, 2021, the appellant accused raped the victim in her house when she was alone and threatened her that if she complained against him, he will kill her. The appellant accused continued to have sexual relationship with the victim due to which the victim became pregnant. When the informant told the parents of the appellant about the occurrence and her pregnancy they pressurized to get her abortion.

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It has been submitted on behalf of the appellant that the appellant is innocent and has been falsely implicated in the present case due to misconception and confusion. It is submitted that the victim has married with her free consent and their marriage has been registered on 14.06.2022 by the Marriage Registration Officer, Prayagraj. The marriage certificate has been annexed as annexure 5 to the appeal. It is also submitted that the informant victim is staying with the appellant accused at his residence. It is next submitted that the informant/victim in her statement under Section

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164 Cr.P.C. has not supported the prosecution case. She has submitted in her evidence that the appellant accused had not raped her. She had sexual relation with her consent. She has also stated that she had married with her free consent and she has got one male child with the wedlock. She also stated that she wants to live with the appellant accused. It is further submitted that the mother of victim in her statement has stated that the appellant accused has not committed rape with her daughter nor he threatened the victim or her family members. They have willingly married and the victim and his child are staying with the family members of appellant accused. It is also submitted that the appellant has no criminal history to his credit. It is in the last submitted that the appellant is in jail since 17.08.2022 and, in case he is released on bail he will not misuse the liberty of bail.

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Per contra, learned A.G.A. for the State opposed the prayer for bail of the appellant, but could not dispute the aforesaid factum of the case as argued by the learned counsel for the appellant.

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Considering the arguments advanced by learned counsel for the appellant, learned AGA and learned counsel for opposite party no. 2, the fact that since the appellant accused have willingly married with their free consent and their marriage has been registered and the marriage registration certificate has been issued and the victim is residing in the house of appellant accused with her child, the period of incarceration undergone by appellant accused but without expressing any opinion on the merits of the case, this Court is of the opinion that the appellant has made out a case for bail.

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Accordingly, the appeal is hereby allowed. The impugned order dated 08.09.2022 rejecting the bail application of the appellant is hereby set aside.

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Let the appellant Shani Patel be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) That the appellant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable.

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(ii) That the appellant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

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(iii) That after his release, the appellant shall not involve in any criminal activity.

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(iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the appellant on bail.

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It is made clear that in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the appellant.

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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/J.J.Board shall be absolutely free to arrive at its independent conclusions on the basis of evidence led, uninfluenced by any finding or observation whatsoever in this order.

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Order Date :- 13.2.2023 Pratima

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Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad

Shani Patel v. State of U.P. and Another

Case brief

What is this about?

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Shani Patel v. State of U.P. and Another

Case brief

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