Bechan Prasad vs State of U. P. - 2023 Supreme(All) 2073

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2073

MAYANK KUMAR JAIN
Bechan Prasad – Appellant
Versus
State of U. P. – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Avinash Chandra Srivastava.

JUDGMENT :

Mayank Kumar Jain, J.

Heard learned counsel for the appellant, learned Additional Government Advocate for the State of U.P. and perused the record.

2. This criminal appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellants with the prayer to set aside the bail rejection order dated 24.5.2023 passed by learned Special Judge (SC/ST Act), Siddharth Nagar in Bail Application No. 860 of 2023, arising out of Case Crime No. 132 of 2022, under Sections 376 IPC and Section 3(2)(V) of SC/ST Act, Police Station Bansi, District Siddharth Nagar.

3. As per the FIR, the case of prosecution is that the victim went to the shop of appellant, the victim is an illiterate lady, the appellant administered sleeping pills to the victim and committed rape with her, when she became conscious, she came to about about this incident. She is having pregnancy of 8-9 months, which is the result of rape committed by the appellant. The victim continued to go to the appellant's shop but he was not available at the shop. The victim is very poor lady and having no source of income.

4. It is submitted that the trial Court while passin

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