AYYUB KHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Rajesh Kumar Pandey, learned counsel for the appellant, Shri Rabindra Kumar Singh, learned Additional Government Advocate assisted by Sri Prashant Kumar Singh, learned Brief Holder representing the State and Shri Ravi Prakash, learned counsel, holding brief of Shri Arvind Singh, learned counsel appearing for opposite party No. 2.

(2.) This criminal appeal has been filed against the order dtd. 1/10/2021 passed by the Special Judge, Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, Auraiya whereby the learned Judge rejected the bail application moved on behalf of the appellant in Bail Application No. 1146 of 2021, arising out of Case Crime No. 80 of 2021, under Ss. 504, 506, 376, 328 IPC, Sec. 67(A) of Information and Technology Act and Sec. 3(2)(v), 3(1)Da and 3(1) Dha of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, police station Ayana, district Auraiya.

(3.) The facts that formed the bedrock of this appeal are that a first information report was lodged by the victim herself on 9/7/2021 for the alleged incident which took place on 23/6/2021 inter alia with the allegations that on 23/6/2021 at about 11.30 AM when she was waiting for the conveyance at the road, at that time appellant, who lives in the same village, was passing through by truck, who stopped the truck and enquired from the victim as to where is she going and offerred her to sit on his truck. When the victim boarded the truck, the appellant offered her cold drink and after consuming the same she became unconscious. Thereafter, the appellant took her to a lonely place and committed rape on her and also made her nude video. On 9/7/2021, the appellant along with co-accused also abused the victim's husband by caste derogatory words and threatened him of dire consequences.