Rishabh Yadav v. State of U.P. and Another

Neutral Citation No. - 2024:AHC:146950

Court No. - 82

Case :- CRIMINAL APPEAL No. - 7859 of 2024 Appellant :- Rishabh Yadav Respondent :- State of U.P. and Another Counsel for Appellant :- Kuldeep Singh Yadav Counsel for Respondent :- G.A.

Hon'ble Subhash Chandra Sharma,J.

Learned A.G.A. submits that notice has been served on the informant/respondent no.2.

Heard learned counsel for the appellant as well as learned A.G.A. and perused the entire record.

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 26.7.2024 passed by the learned Special Judge SC/ST Act (P.A.), Etawah.

It is submitted by learned counsel for the appellant that in this case, he is innocent and has been falsely implicated and has not committed any offence. He was not named in the F.I.R. but during the course of investigation, his name was brought into light on the basis of statement of victim as recorded under Section 161/164 Cr.P.C. No any allegation of rape has been made against appellant and other co-accused persons. Allegation against the appellant is that he provided room for living to the co-accused persons and victim. Entire allegations levelled in the F.I.R. and in the statement are false. The Court below 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. Learned counsel for the appellant also referred to the amended provisions of SC/ST Act. Appellant is in jail since 20.02.2024 having no criminal antecedent. 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.