Allowed

Adarsh Dhuriya @ Adarsh Kahar @ Adesh Dhuriya v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another

Allahabad HC11 Jan 2024CRLA/81/2024

Case brief

AI extract

What is this about?

Appeal under Section 14A(2) SC/ST Act against rejection of bail in a case involving kidnapping and rape charges. The court noted contradictions in the victim's statements under Sections 161 and 164 Cr.P.C., that she was a major, and that trial was unlikely to conclude soon; it allowed the appeal and granted bail with conditions.

What did the court decide?

Impugned bail-rejection order set aside; appellant released on bail on personal bond with two sureties, subject to additional conditions regarding attendance and conduct during trial.

Adarsh Dhuriya @ Adarsh Kahar @ Adesh Dhuriya vs State of… — Caste Atrocities | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:15297

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Court No. - 13

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Case :- CRIMINAL APPEAL No. - 81 of 2024

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Appellant :- Adarsh Dhuriya @ Adarsh Kahar @ Adesh Dhuriya Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another

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Counsel for Appellant :- Manmohan Singh,Dilip Kumar Verma,Sunil Kumar Misra

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Counsel for Respondent :- G.A.

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the appellant and learned A.G.A. for the State.

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It is evident from the record that the notice has already been served on private respondent no. 2, but none has put in appearance on his behalf and, therefore, the present case is being decided with the assistance of learned counsel for the appellant and learned A.G.A.

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This criminal appeal has been filed under Sections 14A(2) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against order dated 13.12.2023 passed by Special Judge (SC/ST Act), Sultanpur in Bail Application No. 3666 of 2023 arising out of Case Crime No. 320 of 2023 under Sections 366, 376, 343, 504, 506 I.P.C., Sections 3(2)(v) of SC/ST Act, Police Station Jaisinghpur, District Sultanpur.

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Learned counsel for the appellant submits that the appellant has falsely been implicated in the present case. It is further submitted that the victim was well known to the appellant and she joined his company on her own, but on the behest of her family members, the F.I.R. was lodged. During the course of investigation, her statement under Sections 161 and 164 Cr.P.C. was recorded. In her statement under Section 161 Cr.P.C., the victim stated that on 30th November, 2023, she met with the appellant in a market and he, while advising her to meet with his aunt, who lives in the same village and with whom, the appellant was also residing, offered her cold drink. After consuming

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the cold drink, she became unconscious and when she regained her senses, found herself in Lucknow. The victim also stated that the appellant also committed wrong with her and in one night, when the appellant was sleeping, she left the room and after coming to the village, narrated the incident to her family members. Learned counsel for the appellant submits that the victim changed her version in her statement under Section 164 Cr.P.C. and implicated one other person in the incident. Submission of the learned counsel for the appellant is that the victim started blackmailing the appellant and when he tried to avoid her, the prosecution in question was initiated. It is vehemently submitted that the Investigating Officer filed the charge sheet in mechanical manner without considering the contents of the statement of the victim. It is next submitted that as the charge sheet has been filed by the Investigating Officer, there is no possibility of tampering of any evidence. It is lastly submitted that the court below has not considered all these facts while rejecting the bail application and there is no possibility of conclusion of trial in near future. It is, thus, submitted that the impugned order is liable to be set aside and the appellant, who does not have any criminal antecedent and is in jail since 03.11.2023, is entitled for bail. It is also submitted that the appellant is ready to cooperate in the trial.

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Learned A.G.A. opposes the prayer of the appellant, but does not dispute the fact that there is contradiction in the statements of the victim recorded under Sections 161 and 164 Cr.P.C. It is also not disputed that as per the prosecution case, the victim is a major lady.

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Considering the arguments advanced by the learned counsel for the appellant, learned A.G.A., and going through the contents of the appeal, impugned order, F.I.R., statements of the victim under Sections 161 and 164 Cr.P.C. as well as other relevant documents, it is evident that the victim is a major and prudent lady. It is also evident that there is contradiction in her statements.

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In view of above facts and circumstances as also keeping in view the fact that the trial of the case is not likely to be concluded in near future, the appeal has substance and it is accordingly, allowed.

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Impugned order dated 13.12.2023 passed by Special Judge (SC/ST Act), Sultanpur in Bail Application No. 3666 of 2023 arising out of Case Crime No. 320 of 2023 under Sections 366, 376, 343, 504, 506 I.P.C., Sections 3(2)(v) of SC/ST Act, Police Station Jaisinghpur, District Sultanpur is hereby set aside.

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Let appellant, Adarsh Dhuriya @ Adarsh Kahar @ Adesh Dhuriya be released on bail in the aforesaid case crime number on his furnishing personal bond 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 shall file an undertaking to the effect that he will 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.

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(ii) 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 229A of the Indian Penal Code.

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(iii) 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.

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(iv) The appellant shall remain present, in person, before the trial court on the dates fixed for recording of statement

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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.

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Trial court record be remitted back, forthwith.

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Order Date :- 20.2.2024 VKS

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Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Adarsh Dhuriya @ Adarsh Kahar @ Adesh Dhuriya v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another

Case brief

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Adarsh Dhuriya @ Adarsh Kahar @ Adesh Dhuriya v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another

Case brief

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