Allowed

Krishna Kumar Yadav @ Pankaj v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC13 Feb 2024/314/2024

Case brief

AI extract

What is this about?

The High Court allowed the criminal appeal against an order denying bail in a case under the SC/ST Act. The victim admitted the FIR was lodged on the behest of others and no offense was committed by the appellant. The appellant was released on bail with strict conditions regarding attendance and conduct during the trial.

What did the court decide?

Impugned order dated 19.12.2023 is set aside. Appellant released on bail with personal bond and two sureties, subject to conditions regarding presence and conduct.

Krishna Kumar Yadav @ Pankaj Vs State of U.P. Thru. Prin… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:13114

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Court No. - 13

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Case :- CRIMINAL APPEAL No. - 314 of 2024

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Appellant :- Krishna Kumar Yadav @ Pankaj Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Appellant :- Akash Dikshit Counsel for Respondent :- G.A.,Anshuman,Om Prakash Verma

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Hon'ble Rajeev Singh,J.

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Short counter afÏdavit filed by the learned counsel for respondent no. 2-victim is taken on record.

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Heard learned counsel for the appellant and learned A.G.A. for the State and learned counsel appearing for respondent no. 2.

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The present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 against the impugned order dated 19.12.2023 passed by Special Judge, SC/ST Act, Pratapgarh in Bail Application No. 3245 of 2023 arising out of F.I.R. No. 438 of 2023, under Sections 323, 376, 504, 506 I.P.C., Sections 3(1)(da), 3(1) (dha), 3(2)(v), 3(2)(va) of SC/ST Act, P.S. Patti, District Pratapgarh.

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Learned counsel for the appellant submits that the victim and the appellant were in friendship and some quarrel took place in between them. It is further submitted that the F.I.R. was filed on the initiation of some other person. It is also submitted that during the course of investigation, statement of the victim/complainant was recorded under Sections 161 and 164 Cr.P.C. In her statement under Section 164 Cr.P.C., the victim categorically denied the prosecution story, but without considering the contents of the same, the Investigating OfÏcer filed the charge sheet. Learned counsel for the appellant vehemently submits that in paragraph 3 of the short counter afÏdavit filed today by respondent no. 2- victim, it is categorically mentioned that she was in

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relationship with the appellant and no such incident, as alleged in the F.I.R. was taken place. It is lastly submitted that the court below has not considered all these facts while rejecting the bail application and the trial is also not going on. 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 17.10.2023, 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. vehemently opposes the prayer of the appellant and submits that the victim has supported the prosecution version in her statement under Section 161 Cr.P.C. and the charge sheet has been filed after detail investigation. However, he does not dispute the fact the victim has rejected the prosecution version in her statement recorded under Section 164 Cr.P.C. before the Magistrate concerned.

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Learned counsel for the complainant-victim also concedes the argument of the learned counsel for the appellant and submits that the victim was in friendship with the appellant, but on the behest of other persons, F.I.R. was lodged and the appellant is innocent. It is also submitted that the victim has no objection, in case, the appellant is granted bail.

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Considering the arguments advanced by the learned counsel for the appellant, learned A.G.A., learned counsel for the complainant and going through the contents of the appeal, short counter afÏdavit, impugned order, F.I.R., statements of the victim under Sections 161 and 164 Cr.P.C. as well as other relevant documents, it is evident that the complainant-victim, in her counter afÏdavit as well as in her statement recorded before the Magistrate under Section 164 Cr.P.C. has admitted the fact that the F.I.R. was lodged on the behest of some other person and nothing wrong was committed by the appellant.

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In view of above facts and circumstances as also

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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 19.12.2023 passed by Special Judge, SC/ST Act, Pratapgarh in Bail Application No. 3245 of 2023 arising out of F.I.R. No. 438 of 2023, under Sections 323, 376, 504, 506 I.P.C., Sections 3(1)(da), 3(1)(dha), 3(2) (v), 3(2)(va) of SC/ST Act, P.S. Patti, District Pratapgarh is hereby set aside.

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Let appellant, Krishna Kumar Yadav @ Pankaj 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

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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 :- 13.2.2024 VKS

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

Krishna Kumar Yadav @ Pankaj v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Krishna Kumar Yadav @ Pankaj v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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