Court No. - 93

Case :- CRIMINAL APPEAL No. - 9623 of 2022

Appellant :- Girish Kumar

Respondent :- State of U.P. and Another

Counsel for Appellant :- Umesh Chandra Tiwari

Counsel for Respondent :- G.A.

Hon'ble Surendra Singh-I,J.

Heard Sri Umesh Chandra Tiwari, learned counsel for the appellant,

Sri Laxman Prasad, learned A.G.A. for the State, and perused the

record.

Notice on respondent no. 2 has been served sufficiently.

The present criminal appeal under Section 14-A(2) of the

Scheduled Caste and Scheduled Tribes (Prevention of Atrocities)

Act, 1989 has been filed against the order dated 11.11.2022 passed

by IInd Additional Sessions Judge/ Special Judge, (S.C./S/.T. Act),

Budaun, whereby the learned Judge has rejected the Bail

Application No. 3615 of 2022 (Girish Kumar Vs. State of U.P.)

moved on behalf of the appellant in Case Crime No. 70 of 2022

under Sections 147, 323, 354Kha, 452, 504 I.P.C. and Section 3(2)

(va) of S.C./S.T. (P.A.) Act, Police Station- Kotwali, District- Budaun.

According to prosecution case, on 05.02.2022 at 10 p.m., due to

dispute relating to construction of chabootra, appellant-accused,

Girish Kumar, 2 named and 2 unnamed accused, who were drunk,

hurled derogatory abuses relating to caste of the informant/victim

and entered into her house and beat her mother with danda and

her maternal uncle (mama) with axe on his leg. Appellant-accused

and co-accused outraged the modesty of the victim. They tore her

clothes and touched her body inappropriately. Thereafter, the

informant/victim prepared video clip of the appellant-accused and

other co-accused on which they ran away from her house.

It has been submitted on behalf of the appellant that :-

(i) the appellant has been falsely implicated in the present case due

to political rivalry;

(ii) the appellant is ready to pay Rs.15,000/- to the informant/victim,

Priyanka, as a compensation, without admitting the prosecution

case;

(iii) the appellant is in jail since 18.06.2022 and has explained

criminal history of 3 cases registered against him in paragraph nos.

16 and 17 of the affidavit filed in support of the bail application in

which one case is under Goondas Act which has been lapsed after

passage of time. In case he is enlarged on bail, he will not misuse

the liberty of bail.

Per contra, learned A.G.A. for the State has opposed the prayer for

bail of the appellant. However, he could not dispute the aforesaid

factum of the case as argued by the learned counsel for the

appellant.

Considering the submissions made on behalf of the learned

counsel for the appellant and learned A.G.A., facts and

circumstances of the case, statements of the informant/victim u/s

161 and 164 Cr.P.C. and that of other witnesses u/s 161 Cr.P.C.,

medical report of the informant/victim and period of incarceration

undergone by the appellant but without expressing any opinion on

the merits of the case, this Court is of the opinion that the appellant

has made out a case for bail.

Accordingly, the appeal is hereby allowed. The impugned order

rejecting the bail application of the appellant is hereby set aside.

Let the appellant, Girish Kumar, be released on bail in the

aforesaid case crime number on furnishing a personal bond and

two sureties each in the like amount to the satisfaction of the court

concerned with the following conditions:-

(i) That the appellant will deposit Rs.15,000/- through a bank draft

in favour of the informant/victim in the court, before his release.

(ii) That the appellant shall cooperate in the expeditious disposal of

the trial and shall regularly attend the court unless his presence is

exempted by the court.

(iii) That the appellant shall not directly or indirectly make any

inducement, threat or promise to any person acquainted with the

facts of the case so as to dissuade him from disclosing such facts

to the court or to any police officer or tamper with the evidence.

(iv) That after his rele