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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Nalin Kumar Srivastava,J.
Rohits Pandey – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Nalin Kumar Srivastava, J.
1. This criminal appeal under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant - Rohit Pandey with the prayer to set aside the bail rejection order dated 3.10.2024 passed by the Special Judge (SC/ST Act), Sant Kabir Nagar and to release the appellant on bail in case crime no. 509 of 2024 under Sections 376(2)(n), 406, 504, 506 IPC and Section 3(2)(Va), 3(2)(V) and 3(1)dha of SC/ST Act, P.S. Khalilabad, District Sant Kabir Nagar.
2. Heard learned counsel for the appellant as well as the learned AGA and perused the entire record. None is present for the opposite party no.2 despite service of notice.
3. The prosecution has come forward with a case that on the false pretext of marriage, the present appellant made and developed physical relations with the major victim and when she asked to marry, he refused and in the meanwhile some handsome amount was also grabbed by him from the poor victim. F.I.R. was lodged and after investigation charge sheet has been submitted.
4. It is submitted by the learned counsel for the appellant that the appellant is innocent and has been falsely impli
The court found that the appellant made a sufficient case for bail, emphasizing the consensual nature of the relationship and errors in the trial court's assessment.
The court determined that the appellant's alleged actions did not constitute an offence under the SC/ST Act, allowing bail based on the consensual nature of the relationship and errors in the trial C....
The court found the trial court's rejection of bail to be flawed, allowing bail based on inconsistencies in the prosecution's case.
The court ruled that the denial of bail was erroneous due to insufficient evidence supporting the prosecution's case, allowing the appellant to be released on bail under specific conditions.
The court determined that the essential elements of the alleged offences under the SC/ST Act were absent, warranting the grant of bail to the appellants.
The legal principle established is that consent given under a false promise of marriage must involve an active and reasoned deliberation, and the promise of marriage must have been a false promise gi....
The court considered the stage of investigation and the period of incarceration in granting bail to the appellant.
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