Shahnawaz Vs State of U.P. Thru. Prin. Secy. Home Deptt., Lko. and Another

Neutral Citation No. - 2024:AHC-LKO:2438

Court No. - 13

Case :- CRIMINAL APPEAL No. - 1164 of 2023

Appellant :- Shahnawaz Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt., Lko. And Another Counsel for Appellant :- Neeraj Singh Counsel for Respondent :- G.A.

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the appellant as well as learned A.G.A. for the State and perused the record.

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The present appeal has been filed for quashing the impugned order dated 03.04.2023 passed by learned Special Judge (SC/ST Act)/Additional District and Sessions Judge, Court No. 2, Unnao in Bail Application No. 1183 of 2023 arising out of Case Crime No. 334 of 2022 U/s 420, 406, 467, 468, 471, 376, 313, 504, 506 I.P.C., U/s 3(2)(v) of SC/ST Act, Police StationHasanganj, District- Unnao; for releasing the appellant in the aforesaid case crime.

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It is evident from the record that notice has already been served to private respondent but none appears on behalf of private respondent.

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Learned counsel for the appellant submits that appellant has been falsely implicated in the present case, he is in jail since 09.09.2022. He further submits that as per the prosecution case, victim was aged about 32 years at the time of incident and appellant was aged about 26 years. He further submits that victim trapped appellant and started blackmailing him, in this connection, exorbitant demand was raised by victim, but when appellant denied to fulfill the same, he was falsely implicated with the allegation that appellant prepared his forged Aadhar Card in the name of Golu Verma. It is also alleged as per the prosecution case that pregnancy of victim was terminated in Hanumanta hospital. But during the course of investigation, no such evidence was found, as a result, charge-sheet was submitted by Investigating Officer U/s 420, 406, 467, 468, 471, 376, 313, 504, 506 I.P.C., Section 3(2)(v) of SC/ST Act. It is further submitted that no relevant material/document was sent to F.S.L. for examination. It is also submitted that learned trial court failed to consider all the aforesaid facts and rejected the said bail application. It is, thus, submitted that the impugned

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order is liable to be set aside and appellant is entitled to be released on bail.

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Learned A.G.A. opposes the prayer of appellant and submits that victim supported the prosecution version. He does not dispute the fact that victim was aged about 32 years at the time of incident. He also does not dispute the fact that victim has stated that in case, appellant would enter into marriage with her, she would not pursue the case.

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Considering the submissions of learned counsel for the appellant, learned A.G.A. and going through the contents of appeal, statement recorded U/s 161 & 164 Cr.P.C. as well as other relevant documents; it is evident that victim is a major and prudent lady, and no evidence related to abortion of victim was found by Investigation Officer. All the relevant evidences were not considered by the trial court, therefore, this Court is of the view that the impugned order is liable to be set aside and appellant is entitled to be released on bail.

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Resultantly, in view of the above facts and circumstances of the case and the fact that the trial of the case is not likely to be concluded in near future, hence, the appeal has substance and it is accordingly allowed and the impugned order dated 03.04.2023 passed by learned Special Judge (SC/ST Act)/Additional District and Sessions Judge, Court No. 2, Unnao is hereby set aside.

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Let the appellant- Shahnawaz involved in the aforementioned crime be released on bail, on his 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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(1) The appellant shall file an undertaking to the effect that he will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The appellant shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the appellant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the

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court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The appellant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the appellant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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Office is directed to communicate this order to the trial court, forthwith.

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Order Date :- 9.1.2024/Arpan

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Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench

Shahnawaz v. State of U.P. Thru. Prin. Secy. Home Deptt., Lko. and Another

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Shahnawaz v. State of U.P. Thru. Prin. Secy. Home Deptt., Lko. and Another

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