Allowed

Gama Sahani @ Pramod Sahani v. State of U.P. and Another

Allahabad HC30 Aug 2024CRLA/4946/2024

Case brief

AI extract

What is this about?

Appeal under Section 14-A(2) SC/ST Act against rejection of bail in a rape case involving Section 376-D IPC and Section 3(2)v SC/ST Act charges. The victim turned hostile at trial, disowning her Section 164 Cr.P.C. statement. The High Court held a case for bail was made out, set aside the rejection order, and granted bail with conditions.

What the court decided

AI extract

Gama Sahani @ Pramod Sahani vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:139627

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Court No. - 82

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Case :- CRIMINAL APPEAL No. - 4946 of 2024

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Appellant :- Gama Sahani @ Pramod Sahani Respondent :- State of U.P. and Another Counsel for Appellant :- Jitendra Singh Counsel for Respondent :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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This criminal appeal under Section 14-A(2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant with the prayer to set aside the bail rejection order dated 10.4.2023 passed by the learned Special Judge S.C./S.T. Act, Azamgarh.

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Heard learned counsel for the appellant, learned counsel for the respondent as well as the learned AGA and perused the entire record.

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It is submitted by the learned counsel for the appellant that the appellant is innocent and has been falsely implicated. In this case, there is allegation of committing rape with the victim by the appellant and other co-accused persons. Statement of the victim has been recorded before the learned trial court as P.W.2 in which she has not supported the prosecution version and turned hostile and stated clearly that she made statement under Section 164 Cr.P.C. under pressure of police and family members and also denied the fact of compromise between the parties. In this way, the complicity of the appellant cannot be established in the present case for commission of rape with the victim. The learned trial Court while passing the impugned order did not take into account the facts and evidence available on record in right perspective and erred in passing the same. Appellant is in jail since 28.6.2023, having no criminal history. It is lastly submitted that the impugned order rejecting the bail application of the appellant suffers from infirmity and illegality warranting interference by this Court.

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On the other hand, learned counsel for the respondent as well as learned AGA opposed the prayer for bail.

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I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record

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including the impugned order carefully.

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Having regard to the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, the statement of the victim as recorded before the learned trial court as P.W. 2, this Court is of the opinion that the appellant has made out a case for bail. The learned trial Court erred in rejecting the bail application. The impugned order suffers from infirmity and illegality and the same is liable to be set-aside and the appeal is to be allowed.

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Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is set-aside.

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Let the appellant Gama Sahani @ Pramod Sahani involved in Case Crime No. 209 of 2023, under Section 376-D IPC and Section 3(2)5 SC/ST Act, P.S. Raunapar, District Azamgarh be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The appellant will not tamper with the evidence during the trial.

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The appellant will not pressurize/ intimidate the prosecution witness.

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The appellant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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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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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 30.8.2024 Anurag Singh

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Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad

Gama Sahani @ Pramod Sahani v. State of U.P. and Another

Case brief

What is this about?

What the court decided

Gama Sahani @ Pramod Sahani v. State of U.P. and Another

Case brief

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