Allowed

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

Allahabad HC7 Nov 2024CRLA/2330/2024

Case brief

AI extract

What is this about?

Appeal under the SC/ST Act against rejection of bail in a rape case with caste abuse allegations. The court found improvement in the victim's Section 164 statement, weak corroboration and no criminal antecedents, set aside the bail refusal and released the appellant on bail with conditions.

What did the court decide?

Bail granted on personal bond with two sureties, subject to conditions against tampering, intimidation and non-attendance.

Gokul vs State of U.P. Thru. Prin. Secy. Deptt. of Home… — Caste Atrocities | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:80838

¶2

Court No. - 16

¶3

Case :- CRIMINAL APPEAL No. - 2330 of 2024 Appellant :- Gokul Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And Another

¶4

Counsel for Appellant :- Mohd. Shamshad Khan,Puneet Kumar Mishra,Ram Mohan Mishra Counsel for Respondent :- G.A.

¶5

Hon'ble Karunesh Singh Pawar,J.

¶6

This criminal appeal has been filed by the appellant under Section 14A (2) the Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 to set aside the order dated 03.07.2024 passed in Bail application No. 1658/2024, arising out of case crime No. 199/2024, under Sections 376/504/506 I.P.C. and Section 3(2)(v) of S.C./S.T. Act, Police Station Lalganj, District Raibareli.

¶7

Heard learned counsel for the appellant as well as learned AGA for the State. None appears on behalf of the informant, although, notices are served.

¶8

In the prosecution case, it is alleged that on 04.04.2024 at about 3:00 pm, while the daughter of the informant went to ease out outside the village, Gokul (applicant) of the village caught hold of her and committed rape. After sometime when wife of the informant Tara Wati came on the spot, she saw the incident. When both the ladies opposed the incident, then the appellant while hurling caste related abuses went away and also extended threat to kill.

¶9

Learned counsel for the appellant submits that the victim while giving statement under Section 164 Cr.P.C. has made improvement. There is no corroborative medical report. The appellant has no criminal antecedents. The appellant has been

¶10

falsely implicated. The victim is major aged about 20 years. There is no likelihood that the appellant-applicant after release on bail may flee from the process of law or will misuse the liberty of bail granted by this Court.

¶11

Learned A.G.A. opposes the prayer for bail, but could not confront the factual submissions made by the learned counsel for the appellant-applicant.

¶12

On due consideration to the fact that the victim while recording her statement under Section 164 Cr.P.C. has made improvement; there is lack of corroborative evidence, coupled with the fact that the appellant is languishing in jail since 08.04.2024 without having any criminal antecedents, I am of the view that the learned court below has failed to appreciate the material available on record. In view of above, the order passed by the court below is liable to be set aside.

¶13

Accordingly, the appeal is allowed and the order dated 03.07.2024 passed in Bail application No. 1658/2024, arising out of case crime No. 199/2024, under Sections 376/504/506 I.P.C. and Section 3(2)(v) of S.C./S.T. Act, Police Station Lalganj, District Raibareli, is set aside.

¶14

Let the appellant-applicant/ Gokul involved in aforesaid case be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

¶15

(i) The appellant will not tamper with the evidence during the trial.

¶16

(ii) The appellant will not pressurize/ intimidate the prosecution witness.

¶17

(iii) The appellant shall not directly or 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.

¶18

(iv) The appellant shall file an undertaking to the effect that he shall 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.

¶19

(v) 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 sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

¶20

(vi) 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.

¶21

Order Date :- 4.12.2024 R.C.

¶22

Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Heeralal vs State of U.P. Thru. Prin. Secy. Home, Lko and Another

Seema Mathur vs State of U.P. Thru. Prin. Secy. Child. Development and Nutrition Lko. and 2 Others

Smt. Shakuntala Goswami vs State of U.P. Thru. Prin. Secy. Home Lko and Another

Lateeq Alias Laheek vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

Pankaj Tiwari vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

Vijay Kumar vs State of U.P. Thru. Secy. Home Deptt. Lko and Another