JUDGMENT :

Rahul Chaturvedi, J.

(Criminal Misc. Bail Application No.... of 2021)

1. Heard Ms. Swati Agrawal Srivastava, learned counsel for the appellant as well as learned A.G.A for the State and perused the record.

2. This criminal appeal under Section 14 A (2) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "S.C./S.T. Act") has been filed assailing the legality and validity of the impugned order dated 21.10.2021 passed by the learned Special Judge (SC/ST Act)/Additional Sessions Judge, Allahabad while rejecting the Bail Application No.6263 of 2021 (State vs. Dinesh Yadav @ Michai Yadav and others) in Case Crime No.780 of 2021, under Sections 328 , 343, 376-D, 504, 506 I.P.C. and Section 3(2)V of the S.C./S.T. Act, Police Station-Naini, District-Prayagraj.

3. There are two connected appeals having Criminal Appeal No. 4767 of 2021 and Criminal Appeal No. 5119 of 2021.The genesis of both these two criminal appeals are from one and same F.I.R. and for the sake of brevity both the appeals are decided by a common order.

4. The instant criminal appeal No.5119 of 2021 is targeted against the judgement and order passed by Special Judge (SC/ST Act)/ Addtional Sessions Judge, Allahabad by rejecting Bail Application No.6263 of 2021 on 21.10.2021 whereas in another criminal appeal bail of Suresh Yadav @ Suresh Kumar Yadav was rejected vide Bail Application No. 6263 of 2021 was rejected on the same day i.e. 21.10.2021. Both of them are accused of Case Crime No. 780 of 2021, under Sections 328 , 343, 376-D, 504 and 506 I.P.C. and 3(2)V of SC/ST Act, Police Station Naini, District Prayagraj and both of these appellants are behind the bar since 11.10.2021.

5. The counter affidavit has been filed by the State. Learned counsel for the appellant is not proposing to file any rejoinder affidavit. The order-sheet indicates that the notices were duly served upon opposite party no.2 personally way back in the month of December, 2021 but neither they have engaged any counsel nor have filed any counter affidavit to represent their case. Taking the service to be sufficient upon them with the help & aid of learned AGA, Court is proposing to decide both the appeals by a common order.

6. Learned counsel for the appellant drawing the attention of the Court to the F.I.R. lodged by Neha Bhartiya, who herself is the victim. As per the allegations made in the F.I.R. on 10.10.2021 for the incident said to have been taken place on 04.10.2021 against Suresh Yadav, Rakesh Yadav and Mirchai Yadav. All the three named accused persons are the real brothers and are the sons of Baddu Lal Yadav. The genesis of the with the prosecutrix went along with her mother to a temple. Her mother was about ten steps ahead of her. All of sudden in a Bolero Car she was kidnapped by some unknown persons, who made her unconscious and thereafter confined her into a room. They used to administer her liquor and misbehaved with her time and again. This process had continued for another period of one week and thereafter left her in a abandon condition near the railway crossing. She has positively accused all three named persons for committing gang rape upon her.

7. Learned counsel for the appellant submits that the victim/ informant and her mother are in habit of making such type of frivolous F.I.Rs. On the earlier occasion the mother of the victim Smt. Baby, has lodged one F.I.R. No. 470 of 2021, on 25.06.2021, under Sections 365 , 452, 323, 504, 506, 392 I.P.C. and Section 3(2)(Va) of SC/ST Act against Vi