SHAILENDRA SAINI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Sri Vashu Deo Mishra, learned counsel for the appellant, Sri Bhupendra Nath Tripathi, learned counsel for the complainant, Ms. Shikha Sinha, learned Additional Government Advocate for the State and perused the material available on record.

(2.) The present Criminal Appeal under Sec. 14-A (2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred against the impugned order dtd. 5/9/2022 passed by the learned Special Judge, SC/ST Act, Lucknow in Bail Application No. 6984 of 2022 (CNR No. UPLKO10119882022), Case Crime No. 0537 of 2022, under Ss. 354, 323, 504, 506, 376, 313, 328, 392 IPC and Ss. 3(2)(v) of SC/ST Act, Police Station Chinhat, District Lucknow, whereby the bail application of the appellant has been rejected.

(3.) Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the present case. No such incident took place, as alleged by the prosecutrix in the First Information Report. It is a case of false promise of marriage and the parties are consenting. Thus, the allegation of rape is false, even though, no ingredient of Sec. 3(2)(v) of SC/ST Act is attracted against the applicant. The prosecutrix is major and with her consent, the physical relation was made by the appellant. Thus, the entire allegation is false and fabricated. Therefore, the present appeal be allowed and the appellant be released on bail.