Advocates:
['VIJAY PRAKASH CHATURVEDI', '', 'KRISHNA DUTT TIWARI', 'PRABHAKAR DUBEY', 'G A', '', 'JITENDRA KUMAR SRIVASTAVA']

Court No. - 65

Case :- CRIMINAL APPEAL No. - 332 of 2022

Appellant :- Ram Tirath Chauhan @ Sokha

Respondent :- State of U.P. and Another

Counsel for Appellant :- Vijay Prakash Chaturvedi,Krishna

Dutt Tiwari,Prabhakar Dubey

Counsel for Respondent :- G.A.,Jitendra Kumar Srivastava

Hon'ble Sanjay Kumar Pachori,J.

Heard Shri Prabhakar Dubey, learned counsel for the appellant,

Shri Om Prakash Dwivedi, learned A.G.A. for the State and

perused the material on record. None appears for the opposite

party No. 2 even in the revised call.

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

Castes & Scheduled Tribes (Prevention of Atrocities) Act has

been filed by the appellant Ram Tirath Chauhan @ Sokha to

set aside the impugned order dated 16.12.2021, whereby the

Special Judge (SC/ST Act), Siddharth Nagar has rejected the

second bail application No. 1251 of 2021 of the appellant

moved by him in Case Crime No. 160 of 2020, under Sections

376-D, 323, 504, 506, IPC and Section 3(1)(da), 3(1)(dha), 3(2)

(v), 3(2)(va) of SC/ST Act, Police Station Bhawaniganj, District

Siddharth Nagar.

This is second bail application on behalf of appellant. First bail

application of the appellant has been rejected by a Coordinate

Bench of this Court vide order dated 26.8.2021 in Criminal

Appeal No. 3226 of 2021.

Brief facts of the case are that first information report dated

3.12.2020 has been lodged against the appellant and other co-

accused Ramesh Chaudhary by the victim on the basis of an

application under Section 156(3), Cr.P.C. stating that on

7.9.2020 at about 12.00 noon when the victim and Kislawati

went to cut the grass, the appellant and other co-accused

reached there. After sometime they sent Kislawati to bring

water and after that they caught hold the victim, shut her mouth

by Angochha and committed rape with her. On her crying, they

committed marpeet with her due to which she sustained

injuries. After sometime Kislawati reached there. When she

objected and asked about the incident to the accused persons,

they abused Kislawati by using filthy language and threatened

her with dire consequences. They also committed marpeet with

Kislawati due to which she sustained injuries. On hue and cry,

Poonam, Shyamkali, Vijay Kumar and Santram reached at the

place of incident and accused persons fled away from there.

After lodging of the first information report, statement of the

victim as well as Kislawati under Section 161, Cr.P.C. was

recorded on 4.12.2020. Medical examination of the victim was

conducted on 3.12.2020. Statement of the victim under Section

164, Cr.P.C. was recorded on 14.12.2020. After recording the

statements of other prosecution witnesses, charge sheet has

been submitted against the appellant and other co-accused

Ramesh Chaudhary on 26.6.2021. The appellant was arrested

on 29.5.2021.

Learned counsel for the appellant submits that the appellant is

innocent and has been falsely implicated in the present case due

to enmity. It is further submitted that Gurudayal, father of

accused Ramesh Chaudhary filed a civil suit No. 54 of 2020

against the husband of Kislawati and 23 other persons for a

decree of permanent prohibitory injunction on 10.2.2020. It is

further submitted that NCR No. 128 of 2020, under Sections

323, 504, 506, IPC has been lodged by father of co-accused

Ramesh Chaudhary against the informant and other persons

where the administrative authorities challaned both the parties

under Section 107/116, Cr.P.C. on 7.9.2020. It is further

submitted that the victim was 19 years old at the time of

incident. It is further submitted the the present case has been

lodged due to enmity of land dispute. It is further submitted that

co-accused Ramesh Chaudhary has been granted bail by a

Coordinate Bench of this Court vide order dated 24.11.2021 in

Criminal Appeal No. 2814 of 2021. It is further submitted that

there was enmity prior to lodging of the FIR. It is further

submitte