Ranjeet Kumar Chauhan (Loniya) Vs State of U.P. Thru. Secy. Home Deptt. Lko. and Another

Neutral Citation No. - 2024:AHC-LKO:8210

Court No. - 13

Case :- CRIMINAL APPEAL No. - 1608 of 2022 Appellant :- Ranjeet Kumar Chauhan (Loniya) Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Another

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Counsel for Appellant :- Dinesh Kr. Sharma,Karunesh Singh,Sudhir Kumar,Sunil Kumar Singh,Vijay Pratap Singh Counsel for Respondent :- G.A.,Anand Kumar,Arshad Siddiqui

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the appellant, Shri Arshad Siddiqui, learned counsel for the complainant 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 09.06.2022 passed by learned Special Judge, SC/ST Act, Barabanki in Bail Application No.1449/2022 arising out of Case Crime No.57/2022 under Sections 376, 452 I.P.C. and Section 3(2)(V) of SC/ST Act, Police Station- Jahangirabad, District- Barabanki.

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Learned counsel for the appellant submitted that appellant was falsely implicated in the present case by the family members of the victim. He further submitted that illegal demand was made by the complainant of the present case. He further submitted that the F.I.R. of case in question was lodged on 20.03.2022 related to the incident dated 18.03.2022 and on 21.03.2022, victim was medically examined and vaginal swab was taken for pathological examination. He further submitted that in the pathological report, no spermatozoa was found whether alive or dead and the medico-legal report also does not support the prosecution story. He submitted that appellant does not have any criminal antecedent and he is in jail since 22.03.2022.

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Learned counsel for the appellant submitted that co-accused, namely, Ashshu @ Vishnu Kant Rawat, having identical role has already been granted bail by the Co-ordinate Bench of this Court vide order dated 24.01.2024 in Criminal Misc. Bail Application No.3055 of 2023, therefore, the impugned order is liable to be set aside and appellant may be enlarged on bail.

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Learned A.G.A. as well as learned counsel for the complainant opposed the prayer of appellant and submitted that

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the victim is a mentally retarded lady and she has supported the prosecution version in her statement as the F.I.R. was lodged by her Bhabhi but they do not dispute this fact that co-accused, namely, Ashshu @ Vishnu Kant Rawat has already been granted bail.

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Considering the submissions of learned counsel for the appellant, learned A.G.A. and going through the contents of appeal as well as other relevant documents; as it is evident that in the pathological report, no spermatozoa was found whether alive or dead, medico-legal report also does not support the prosecution version as well as similarly situated co-accused has been granted bail by the Coordinate Bench of this Court, in such circumstances, this Court is of the view that the aforesaid impugned order is liable to be set aside and appellant is entitled to be released on bail.

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Resultantly, in the above facts and circumstances of the case, the trial of the case is not likely to be concluded in near future, hence, the present appeal has substance, and it is accordingly allowed , and the impugned order dated 09.06.2022 passed by learned Special Judge, SC/ST Act, Barabanki is hereby set aside.

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Let the appellant- Ranjeet Kumar Chauhan (Loniya) 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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(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 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 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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Order Date :- 29.1.2024 V. Sinha

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

Ranjeet Kumar Chauhan (Loniya) v. State of U.P. Thru. Secy. Home Deptt. Lko. and Another

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Ranjeet Kumar Chauhan (Loniya) v. State of U.P. Thru. Secy. Home Deptt. Lko. and Another

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