The Allahabad High Court has allowed an appeal and granted bail to one Sushil Yadav, who is accused of gang rape and offences under the SC/ST Act.
A Single Bench of Justice Nalin Kumar Srivastava passed this order while hearing a Criminal Appeal filed by Sushil Yadav.
The criminal appeal under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant- Sushil Yadav with the prayer to set aside the bail rejection orders dated 5.8.2024 and 4.9.2024 passed by the Additional Sessions Judge (POCSO Act), Prayagraj, and to release the appellant on bail in case under Sections 376-D, 506 IPC and Section 3(2)5, 3(1)(r) of SC/ST Act, P.S Phoolpur, District Prayagraj.
In the FIR it was alleged that rape was committed with the victim/ informant of the case by the appellant and one unknown person when she had gone to ease herself on 16.6.2024 at 11.00 pm FIR was lodged and investigation started which culminated into charge sheet.
It is submitted by the counsel for the appellant that the appellant is innocent and has been falsely implicated in the case. He has not committed the present offence. Alleged offences are not attracted against him.
It is further submitted that the entire prosecution story is based on false facts and on account of village animosity the appellant has been falsely implicated in the matter. Though charge sheet has been submitted by the police and during investigation statements of the victim under Sections 161 and 164 CrPC were recorded but as a matter of fact when the prosecutrix was examined before the Court she resiled from all her previous statements recorded during investigation and also from the contents of the FIR itself. She has categorically denied of any incident of rape with her. She has been declared hostile by the Court and did not support the prosecution version on any point. The appellant has no criminal history to his credit. The appellant has been in jail since 20.6.2024.
It is also submitted that the Court concerned while passing the impugned orders did not take into account the facts and evidence available on record in right perspective and erred in passing the same.
It is lastly submitted that the impugned orders rejecting the bail application of the appellant suffer from infirmity and illegality warranting interference by the Court.
On the other hand, A.G.A opposed the prayer but however could not dispute this factual aspect of the matter that the victim of the case has not supported the prosecution version on any point during his examination before the Court and she has been declared hostile.
“Having regard to the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, the fact that the victim of the case has turned hostile and did not support the prosecution case before the Court, the Court is of the opinion that the appellant has made out a case for bail. The Court below erred in rejecting the bail application of the appellant. The impugned order suffers from infirmity and illegality and the same is liable to be set-aside and the appeal is liable to be allowed,” the Court observed.
Accordingly, the Court allowed the appeal and the impugned orders rejecting the bail application of the appellant are set-aside.
The Court ordered that,
Let the aforesaid appellant involved in aforesaid case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties are verified.
(i) The appellant will not tamper with the evidence during the trial.
(ii) The appellant will not pressurize/ intimidate the prosecution witness.
(iii) The appellant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
(v) 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.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before the Court.
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