Allowed

Satya Narayan Verma v. State of U.P. Thru. Secy. Home, Lko. and Another

Allahabad HC24 Jan 2024/1319/2023

Case brief

AI extract

What is this about?

In this bail appeal under the SC/ST (Prevention of Atrocities) Act, the Allahabad High Court allowed the appellant's appeal against the bail rejection. The court held that the lower court erred in not considering violations of statutory provisions regarding medical examination and the long pendency of the trial. Bail was granted with strict conditions.

What did the court decide?

Impugned order setting aside; Appellant released on bail subject to personal bond, sureties, and conditions regarding appearance and no adjournments.

Satya Narayan Verma Vs State of U.P. Thru. Secy. Home… — Caste Atrocities | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:6949

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Court No. - 13

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Case :- CRIMINAL APPEAL No. - 1319 of 2023

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Appellant :- Satya Narayan Verma Respondent :- State Of U.P. Thru. Secy. Home, Lko. And Another Counsel for Appellant :- Yashi Mishra,Gaurav Misra Counsel for Respondent :- G.A.

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the appellant and learned A.G.A. for the State.

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It is evident from the record that the notice has already been served on private respondent, but none has put in appearance on her behalf.

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As the appeal is pending since April, 2023, the same is hereby decided with the assistance of learned counsel for the appellant and learned A.G.A.

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This criminal appeal has been filed under Sections 14(2) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against order dated 03.04.2023 passed by Special Judge, SC/ST (P.A.) Act, Sultanpur in Bail Application No. 935 of 2023 arising out of Case Crime No. 74 of 2023 under Sections 376, 506 I.P.C., Sections 3(2)(v) of SC/ST Act, Police Station Lambhua, District Sultanpur.

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Learned counsel for the appellant submits that the appellant has falsely been implicated in the present case. It is further submitted that admittedly, the victim is a major lady and she was in conversation with the appellant, which fact is also mentioned in the case diary. It is also submitted that the F.I.R. was lodged on the advice of the family members of the victim. As per the prosecution case, the incident was taken place on 08.02.2023, but the F.I.R. was lodged on 11.03.2023. It is also submitted that neither the appellant was medically examined nor any sample of the victim was sent to F.S.L. for examination, which is clear violation of Sections 53A and 164A of the Code of Criminal

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Procedure. Learned counsel for the appellant vehemently submits that in the statement of the father of the victim, he stated that appellant made a call to the victim for collecting the wheat from her agricultural field, but in the case diary, it is admitted that thrice, the victim was in conversation with the appellant. It is next submitted that as the charge sheet has been filed, there is no possibility of tampering of any evidence. It is lastly submitted that the court below has not considered all these facts while rejecting the bail application and there is no possibility of conclusion of trial in near future. It is, thus, submitted that the impugned order is liable to be set aside and the appellant, who does not have any criminal antecedent and is in jail since 11.03.2023, is entitled for bail. It is also submitted that the appellant is ready to cooperate in the trial.

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Learned A.G.A. opposes the prayer of the appellant, but does not dispute the fact that as per the prosecution case, the incident was taken place on 08.02.2023, but the F.I.R. was lodged after about one month.

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Considering the arguments advanced by the learned counsel for the appellant, learned A.G.A., and going through the contents of the appeal, impugned order as well as other relevant documents, it is evident that no article was sent to F.S.L. for medical examination. It is also evident that all these facts were not considered by the court below at the time of rejection of the bail application.

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In view of above facts and circumstances as also keeping in view the fact that the trial of the case is not likely to be concluded in near future, the appeal has substance and it is accordingly, allowed.

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Impugned order dated 03.04.2023 passed by Special Judge, SC/ST (P.A.) Act, Sultanpur in Bail Application No. 935 of 2023 arising out of Case Crime No. 74 of 2023 under Sections 376, 506 I.P.C., Sections 3(2)(v) of SC/ST Act, Police Station Lambhua, District Sultanpur is hereby set

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aside.

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Let appellant, Satya Narayan Verma be released on bail in the aforesaid case crime number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following additional conditions :-

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(i) 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 his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 229A 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 appellant fails to appear before the 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 sufÏcient 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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Order Date :- 24.1.2024 VKS

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Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Satya Narayan Verma v. State of U.P. Thru. Secy. Home, Lko. and Another

Case brief

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What did the court decide?

Satya Narayan Verma v. State of U.P. Thru. Secy. Home, Lko. and Another

Case brief

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What did the court decide?

What the court decided

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