Lavkush Nishad Vs State of U.P. and Another

Court No. - 93

Case :- CRIMINAL APPEAL No. - 7837 of 2022

Appellant :- Lavkush Nishad Respondent :- State of U.P. and Another Counsel for Appellant :- Sanjay Kumar Singh,Rakesh Kumar Patel Counsel for Respondent :- G.A.

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Hon'ble Surendra Singh-I,J.

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Heard Sri Rakesh Kumar Patel, learned counsel for the appellant, Sri Sunil Kumar Tripathi, learned A.G.A. for the State and perused the record.

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Notice on respondent no. 2 has been personally served but no one has appeared on behalf of the respondent no. 2.

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Sri Rakesh Kumar Patel, learned counsel for the appellant has stated at the Bar that due to inadvertence, the date from which the appellant is in jail has not been mentioned in the memo of appeal. He may be permitted to insert the date in the headnote of the memo of appeal.

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Prayer is allowed.

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Learned counsel for the appellant is directed to mention the date from which the appellant is in jail accordingly.

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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 22.09.2022 passed by Additional Special Judge, S.C./S/.T. Act, Basti, whereby the learned Judge has rejected the Bail Application No. 1672 of 2022 (Lavkush Nishad Vs. State of U.P.) moved on behalf of the appellant in Case Crime No. 292 of 2022 under Sections 363, 366 I.P.C. & Section 3(2) (V) of S.C./S.T. (Prevention of Atrocities) Act, Police Station- Haraiya, District- Basti.

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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 in the present case;

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(ii) the informant's daughter/victim has stated in

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her statement recorded u/s 161 and 164 Cr.P.C. that she was scolded and beaten by her parents for returning late to her house from the market and on being annoyed, she rang up the appellant and willingly accompanied him to his house;

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(iii) in the medical examination report of the Board constituted by the C.M.O., the age of the victim has been determined as 18 years and that she is a major;

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(iv) the victim's parents had refused to get her internal medical examination conducted and no such medical examination was done; and

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(v) the appellant is in jail since 23.08.2022 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 but he could not dispute the aforesaid factum of the case as argued by the learned counsel for the appellant.

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Considering the submissions made on behalf of both the learned counsel for the appellant and learned A.G.A., facts and circumstances of the case, statement of the victim recorded under Section 164 Cr.P.C., the medical examination report of the victim, period of incarceration undergone by the appellant, the fact that the appellant has no criminal antecedents to his credit 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 rejecting the bail application of the appellant is hereby set aside.

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Let the appellant, Lavkush Nishad , 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 his presence is exempted by the court.

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(ii) That the appellant shall not directly or

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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 also 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 conclusion on the basis of evidence led, uninfluenced by any finding or observation whatsoever in this order.

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Order Date :- 8.2.2023 KS

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

Lavkush Nishad v. State of U.P. and Another

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Lavkush Nishad v. State of U.P. and Another

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