Neutral Citation No. - 2023:AHC:138288

Court No. - 85

Case :- CRIMINAL APPEAL No. - 10152 of 2022

Appellant :- Mahendra

Respondent :- State of U.P. and Another

Counsel for Appellant :- Alok Singh

Counsel for Respondent :- G.A.

Hon'ble Mayank Kumar Jain,J.

Notice upon opposite party no.2 has been served sufficiently.

Heard learned counsel for the appellant, learned Additional

Government Advocate for the State of U.P. and perused the

record.

This criminal appeal under Section 14-A(2) of Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities) Act has

been preferred by the appellant with the prayer to enlarge the

appellant/applicant on bail involved in Case Crime No.323 of

2021, under Sections 376D I.P.C. and Section 3(2)(V) of SC/ST

Act, Police Station Tundla, District Firozabad during pendency

of the trial.

As per the first information report, case of the prosecution is

that the victim who is daughter of the informant, is mentally

retorted, went to temple at about 4.00 p.m. where the present

appellant along with other accused committed gang rape upon

her. The daughter of the informant narrated the incident to the

informant, thereafter the F.I.R. was lodged.

It is submitted by learned counsel for the appellant that

appellant is innocent and has been falsely implicated. It is

submitted that the victim used to leave her cow in the field of

appellant to graze and on opposition she used to start quarreling

and giving threat. It is also submitted that the appellant is

working as labourer in the tent house and when he was winding

up the tent some hot talk took place between the informant and

appellant. It has been further submitted that no finding was

recorded with regard to commission of rape during her medical

examination. Two witnesses, namely, Sevagiri and Vikas have

given their statement to the investigating officer on the basis of

hearsay witness. Lastly, it is submitted by learned counsel for

the appellant that there is no chance of the appellant fleeing

away from the judicial process or tampering with the

prosecution evidence. The appellant is in jail since 01.07.2021

having no criminal history and in case he is released on bail, he

will not misuse the liberty of bail and will cooperate in the early

disposal of the case.

Per contra, learned A.G.A. opposed the bail application and has

submitted that the victim in her statement recorded under

Sections 161 and 164 Cr.P.C. has consistently corroborated the

version of F.I.R. and stated that the appellant along with other

accused committed gang rape upon the victim.

Having regard to the facts and circumstances of the case,

submissions of learned counsel for the parties and keeping in

view the active participation of the appellant in the commission

of crime, I do not find it fit case for bail.

Since the trial court has passed the impugned order after

appreciating the evidence available on record, there is no

occasion to interfere with the finding of fact recorded by the

trial court, hence, the present criminal appeal lacks merit and

deserves to be dismissed.

Accordingly, the criminal appeal is dismissed.

However, the trial court is directed to expedite the trial and

make every endeavour to conclude the same expeditiously,

preferably, within a period of six months from the date of

receipt of certified copy of this order without granting any

unnecessary adjournment to either of the parties subject to full

co-operation by the appellant, if there is no legal impediment.

Order Date :- 12.7.2023

Atul

Digitally signed by :-

ATUL KUMAR SRIVASTAVA

High Court of Judicature at Allahabad