Allowed

Piyush Kumar Verma v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

Allahabad HC17 Oct 2024CRLA/2597/2024

Case brief

AI extract

What is this about?

Criminal appeal under Section 14-A(2) SC/ST Act against rejection of bail in a case involving rape, cheating and caste-atrocity charges. Court noted appellant's registered marriage with the victim and delayed trial, allowed appeal, set aside rejection order, and released appellant on bail with conditions.

What did the court decide?

Bail granted: personal bond Rs. 25,000 plus two sureties of like amount, subject to stated conditions; bail-rejection order dated 10.07.2024 set aside.

Piyush Kumar Verma vs State of U.P. Thru. Prin. Secy… — Caste Atrocities | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:71733

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Court No. - 12

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Case :- CRIMINAL APPEAL No. - 2597 of 2024

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Appellant :- Piyush Kumar Verma Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another Counsel for Appellant :- Alok Srivastava Counsel for Respondent :- G.A.,Ajai Kumar,Shakti Kumar Mishra,Vivek Kumar Rai

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Hon'ble Saurabh Lavania,J.

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Counter affidavit and rejoinder affidavits filed in the Court today are taken on record.

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Heard Sri Alok Srivastava, learned counsel for the appellant, Sri Ajay Kumar Srivastava, learned A.G.A. for the State of U.P., Sri Ajai Kumar, learned counsel for the opposite party No. 2 and perused the record.

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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 order dated 10.07.2024 passed by Special Judge, SC/ST Act, Lucknow in Bail Application No. 5066/2024 arising out of Case Crime No. 202 of 2024, under Sections- 328, 323, 376, 504, 506, 420 I.P.C. and Sections 3(1) Da, Dha and 3(2)(V) of SC/ST Act, P.S.Thakurganj, District- Lucknow.

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While pressing the instant appeal, learned counsel for the appellant submitted that it is a case of false implication.

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It is further stated that the appellant and victim, aged about 23 years, were in affair and therefore, considering the relationship, the victim solemnized marriage with the appellant on 11.04.2024 and this marriage was subsequently registered in the Office of Registrar of Marriage on 12.04.2024 and these facts are evident from Annexure Nos. 2 & 3 to the present appeal.

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It is further stated that in view of the fact that the victim on 11.04.2024 solemnized marriage with the appellant, it is apparent that when the family members of victim/informant/opposite party No. 2 declined to accept the relationship of victim with the appellant, the FIR in issue i.e. FIR No. 0202/2024 dated 12.05.2024, under pressure, was lodged by the opposite party No. 2 making allegations therein so as to attract the offences as indicated under Sections 328, 323, 376, 420, 504, 506 IPC and Sections 3(1)(Da), 3(1)(Dha) & 3(2)(V) of SC/ST Act at Police Station- Thakurganj, District- Lucknow, against the appellant, his parents and brother, however, after completion of investigation, the charge sheet has been filed only against the appellant.

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It is also stated that under coercion/pressure of the family members, the

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victim despite solemnizing marriage with appellant on 11.04.2024 registered on 12.04.2024 under the U.P. Marriage Registration Rules, 2017, levelled the allegations against the appellant.

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It is lastly stated that in the aforesaid background of the case, no case is made out against the appellant. Accordingly, the impugned order dated 10.07.2024 is liable to be set-aside and the appellant is entitled to be released on bail.

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Learned A.G.A. and learned counsel for the opposite party No. 2 vehemently opposed the prayer of the appellant, however, they could not dispute the above contentions made by the appellant's counsel.

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Considered the arguments advanced by the learned counsel for the appellant, learned A.G.A. and gone through the contents of the appeal, impugned order, F.I.R., as well as other relevant documents including the statement of the victim recorded under Sections 161 and 164 Cr.P.C.

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Upon due consideration of above facts and circumstances including the story setup in the FIR and the statements of victim recorded under Sections 161 and 164 Cr.P.C. as also the proof of marriage of victim and appellant and keeping in view the fact that the trial of the case is not likely to be concluded in near future, this Court is of the view that the appeal has substance and it is accordingly, allowed .

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Order dated 10.07.2024 passed by Special Judge, SC/ST Act, Lucknow in Bail Application No. 5066/2024 arising out of Case Crime No. 202 of 2024, under Sections- 328, 323, 376, 504, 506, 420 I.P.C. and Sections 3(1) Da, Dha and 3(2)(V) of SC/ST Act, P.S.- Thakurganj, District- Lucknow is hereby set aside.

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Let the appellant Piyush Kumar Verma be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs. 25,000/- 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 will cooperate with the prosecution during trial.

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

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

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(iv) The appellant shall not commit an offence.

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(v) 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.

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(vi) The appellant shall remain present before the trial court on each date fixed, either personally or through counsel.

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(vii) The appellant will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court.

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(viii) 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.

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In case of default of above conditions 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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As this order relates to enlargement of the appellant on bail, it is clarified that observations made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation made in this order.

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Order Date :- 24.10.2024 Arun/-

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Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench

Piyush Kumar Verma v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

Case brief

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Piyush Kumar Verma v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

Case brief

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