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Court No. - 71

Case :- CRIMINAL APPEAL No. - 7765 of 2018

Appellant :- Ravindra Kumar

Respondent :- State Of U.P. And Anr.

Counsel for Appellant :- Radhey Shyam Shukla, Vipul Shukla

Counsel for Respondent :- G.A.,Raghuvansh Chandra, Ram Jee Saxena

Hon'ble Ajit Singh,J.

Heard learned counsel for the appellant-applicant, Sri

Jagdish Prasad Mishra, learned counsel for the opposite party

no.2 and learned A.G.A. for the State. Perused the record.

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

Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989

has been filed challenging the order dated 30.11.2018 passed by

Additional District and Sessions Judge, Court No.2/Special

Judge (SC/ST Act), Shahjahanpur in Bail Application No.2861

of 2018 (Ravindra Kumar & another Vs. State of U.P.) under

Sections 376-D, 506 I.P.C. and Section 3(1)12 SC/ST Act,

arising out of case Crime No.175 of 2017, P.S. Garhiya

Rangeen, District Shahajhanpur, seeking bail in the aforesaid

sections.

Learned counsel for the appellant submitted that the

appellant has been falsely implicated in the present case. He

further submitted that initially the first information report was

lodged by the father of the victim against the present appellant,

copy whereof has been annexed on page no.90 of the paper

book. He submitted that the statement of the victim was

recorded under Section 164 Cr.P.C. and she has said in her

statement that Meri Ravindra se batchit hoti hai, usne kabhi

ashlil bat nahi ki aur na hi gali galouj ki hai aut na hi jan se

marne ki dhamki di hai. Usne mujhe kabhi chamar ya kuch or

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nahi kaha. Mai Ravindra se shadi karna chahti hoo. Mere pitaji

shadi nahi karana chahate hai. Pitaji ne hi mukadama likhaya

hai. Ravindra mere sath High School me tha tabhi se pyar hai

aur kuch nahi kahana hai.

The victim in her statement recorded under Section 161

Cr.P.C. has said that “mai Ravi se lagatar bat karti hoon, mai

Ravi se mobile par bat kar rahi thi tabhi meri maa ne meri bat

sun li aur mera mobile cheen liya, meri maa ne datte huye kaha

ki main tumhare pita ji wa bhai se pitai lagwaugi. Main dar gai

or maine gehun me chidakne wali dawai pee li jab meri tabiyat

kharab ho gai to meri maa or pita ji mujhe asptal mudiya

kheda le gaye. Iske paschat mera ilaj karaya iske baad mere

bhai ne mujhe mara peeta maa wa pita ji ulti sidhi batein karte

rahe maine kaha ki main Ravi se shadi karugi to mere pita ji ne

kaha main Ravi se paisa le kar tumhari shadi dusri jagah kar

duga.

Learned counsel for the appellant has further submitted

that the police after investigation submitted the final report in

that first information report and a second first information

report was lodged, which was registered on 11.04.2017 as Case

Crime No.175 of 2017, under Sections 376-D, 506 I.P.C. And

3(1)(12) SC/ST Act. In this case, the police submitted that final

report after investigation and after submission of final report, a

protest petition was filed and the accused were summoned on

the protest petition. He further submitted that again first

information report was lodged on 14.05.2018, against the father

of the present accused. He submitted that the victim is major

and she was in a consensual relationship with the

accused/appellant and just to put pressure on the

accused/appellant to solemnize marriage this false and frivolous

first information report has been lodged. He further submitted

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that the victim is more than 18 years of age as per medico legal

opinion.

Per contra, learned counsel for the opposite party no.2

and the learned A.G.A., for the State have vehemently opposed

the prayer for bail. Learned counsel for the opposite party no.2

submitted that although several F.I.R.s lodged against the

accused and the contents in all the F.I.R.s were different. He

further submitted that the accused is named in the first

information report and the report has been lodged by the victim

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