Bablu Mishra v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Court No. - 16 Case :- CRIMINAL APPEAL No. - 3659 of 2024 Appellant :- Bablu Mishra Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Appellant :- Virendra Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Karunesh Singh Pawar,J. Counter affidavit filed by learned A.G.A. is taken on record. Vakalatnama filed by Shri Gulam Mustafa on behalf of complainant is also taken on record. Heard learned counsel for the appellant, learned A.G.A. appearing for the State and learned counsel for the complainant as well as perused the record. This criminal appeal has been filed by the appellant under Section 14A (2) the Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 to set aside the order dated

14.10.2024 passed in Bail application No.7799/2024, arising out of case crime No.196/2024, under Sections 64, 333 BNS and Section 3(2)(V) of S.C./S.T. Act, Police Station Mahanagar, District Lucknow. It is alleged in the prosecution case that the accused appellant on 20.08.2024 between 11:00 pm to 12:00 am entered the house of the first informant/complainant whereby he sexually assaulted her. On showing resistance the appellant forcefully shut her mouth. Somehow, the first informant was freed and started shouting then the accused appellant fled from the scene and locked her inside. Somehow, she escaped the scene and told everyone about the incident. Learned counsel for the appellant while pressing the appeal submits that, the appellant has been falsely implicated in this case. Nothing as claimed by the prosecution has been committed by the appellant. It is contended on behalf of the appellant that story narrated by the victim is highly improbable. As per the prosecution case appellant is residing with his wife and children in the adjacent room. There is no corroborative medical report or any other corroborative material in support of the statement of the victim. The statement of the victim suffers from improvement. Appellant has no criminal history. The victim is 42 years old married lady and mother of three children. It is further submitted that, the appellant is languishing in jail in this matter since 21.08.2024. Charge-sheet in the matter has already been submitted. There is no likelihood that the appellant-applicant after release on bail may flee from the process of law or will misuse the liberty of bail granted by this Court. Learned A.G.A. as well as learned counsel for the complainant have opposed the prayer for bail, but could not confront the factual submissions made by the learned counsel for the appellant-applicant. Considering the facts and circumstance of the case, appellant is in jail since 21.08.2024, charge-sheet has been filed, statement of the victim under Sections 180 & 183 BNSS, lack of corroborative material in support of the prosecution case and without commenting upon merits, I am of the view that the learned court below has failed to appreciate the material available on record. In view of above, the order passed by the court below is liable to be set aside. Accordingly, the appeal is allowed and the order dated

14.10.2024 passed in Bail application No.7799/2024, arising out of case crime No.196/2024, under Sections 64, 333 BNS and Section 3(2)(V) of S.C./S.T. Act, Police Station Mahanagar, District Lucknow, is set aside. Let the appellant-applicant Bablu Mishra involved in aforesaid case be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

(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 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) The appellant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(v) The appellant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

(vi) In case, the appellant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code. The pending application, if any, too stands disposed of. Order Date :- 19.12.2024 Saurabh Yadav/- High Court of Judicature at Allahabad, Lucknow Bench