Allowed

Furkan v. State of U.P. and Another

Allahabad HC27 Nov 2024CRLA/6789/2024

Case brief

AI extract

What is this about?

Criminal appeal under Section 14A(2) SC/ST Act against rejection of bail in a case of enticing away and rape of a major girl. The court noted the victim's consensual relationship with the appellant per her Section 164 CrPC statement and co-accused's bail, and enlarged the appellant on bail.

What did the court decide?

Appeal allowed; impugned bail-rejection order dated 29.03.2024 set aside; appellant released on bail on personal bond with two sureties subject to stated conditions.

Furkan Vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2024)

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Court No. - 80

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Case :- CRIMINAL APPEAL No. - 6789 of 2024

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Appellant :- Furkan Respondent :- State of U.P. and Another Counsel for Appellant :- Naseem Ahmad,Syeda Alia Khatoon Counsel for Respondent :- G.A.

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Hon'ble Samit Gopal,J.

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Heard Sri Naseem Ahmad, learned counsel for the appellant and Sri Bade Lal Bind, learned counsel for the State and perused the record.

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This criminal appeal under Section 14A(2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "S.C./S.T. Act") has been filed for setting-aside the bail rejection order 29.03.2024 passed by Special Judge S.C./S.T. (Prevention of Atrocities) Act, Rampur in Bail Application No. 22 of 2024 (Furkan Vs. State of U.P.) arising out of Case Crime No. 14 of 2024, under Sections 366, 376 I.P.C. read with Section 3 (2) V S.C./S.T. (Prevention of Atrocities) Act, Police Station Bhot, District Rampur.

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The first information report of the matter was lodged under Sections 363, 366 I.P.C. by Bachan Singh on 06.02.2024 against Furkan alleging therein that on 06.02.2024 at about 5 a.m. he lured and enticed away his daughter.

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Learned counsel for the appellant argued that the appellant has been falsely implicated in the present case. It is submitted that the victim is a major girl. It is further submitted that the victim was in love with the appellant and the relationship between them was a consensual relationship. It is submitted that the victim in her statement recorded under Section 164 Cr.P.C. has stated that she was having a love affair with the appellant since the last three years and there was physical relationship between them. Subsequently on the call of the appellant she went with him on the said date and on the way they met co-accused Aaley Navi (not named in the first information report) and she was sent with him by the appellant who then took her to a lonely place and committed rape upon her. It is submitted that on the own showing of the victim she travelled with the appellant to various places and the said travel was without any resistance or opposition. It is submitted that the victim has stated her age as 21 years in her statement recorded under Section 164 Cr.P.C. and as such she is a major. It is submitted that co-accused Aaley Navi has been granted bail by this Court vide order dated 13.06.2024 passed in Criminal Appeal No. 4077 of 2024 (Aaley Navi Vs. State of U.P. and Another), the copy of the said order has been produced before the Court which is taken on record. The appellant has no criminal history as stated in paragraph 32 of the appeal and is in jail since 10.02.2024.

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Per contra , learned counsel for the State opposed the prayer for setting aside the impugned order and submitted that in so far as co-accused Aaley Navi is concerned, he was not named in the first information report but the appellant is named in the first information report. It is submitted that the appellant is the person who enticed away the victim and initially committed rape upon her and then handed her over to co-accused Aaley Navi who then committed rape upon her. It is submitted that as such the appellant has a specific & particular role of enticing away the victim, committing rape upon her and also handing her over to co-accused who committed rape upon her. It is submitted that the appeal be dismissed.

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After having heard learned counsels for the parties and perusing the records, it is evident the victim is a major girl. The statement of the victim recorded under Section 164 Cr.P.C. goes to show that she was having love affair with the appellant since before and had been travelling with him out of her own sweet-will. Coaccused Aaley Navi has been granted bail.

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Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the appellant may be enlarged on bail.

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Let the appellant- Furkan , be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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i) The appellant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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ii) The appellant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The appellant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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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(iv) The appellant will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C.

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(v) The appellant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of

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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 and the trial court may proceed against him under Section 229-A IPC.

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(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the appellant.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the appellant to prison.

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Accordingly, the appeal succeeds and the same stands allowed .

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The impugned order dated 29.03.2024 passed by Special Judge S.C./S.T. (Prevention of Atrocities) Act, Rampur is hereby set aside.

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Order Date :- 28.11.2024 AS Rathore

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(Samit Gopal,J.)

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

Furkan v. State of U.P. and Another

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Furkan v. State of U.P. and Another

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