Court No. - 71
Case :- CRIMINAL APPEAL No. - 3393 of 2019 Appellant :- Mohan Singh @ Mona Nishad Respondent :- State Of U.P. And Anr.
Counsel for Appellant :- Rabindra Bahadur Singh,Antriksh Verma Counsel for Respondent :- G.A.
Hon'ble Rajiv Gupta,J.
Learned AGA has filed counter affidavit on behalf of the State today in Court, which is taken on record.
Learned counsel for the appellant has stated that he does not want to file any rejoinder affidavit.
Heard learned counsel for the appellant, learned AGA for the State and perused the record.
In para 15 of the counter affidavit filed by Sandeep Singh, Circle Officer, Circle Bhognipur, District Kanpur Dehat, it has been stated that information/notice regarding filing of present criminal appeal has been given to the Opposite Party No.2 Jai Pal @ Raju Kori and the photostat copy of the notice has been annexed as annexure no. CA-1 to the counter affidavit, however, despite service of notice, none has appeared for the Opposite Party No.2.
This criminal appeal under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant against the order dated 31.08.2018 passed by learned Special Judge (SC/ST Act), Kanpur Dehat in Bail Application No.1699 of 2018 (Mohan Singh @ Mona Nishad Vs. State of U.P.), arising out of Case Crime No.781 of 2018, under Sections 366, 376 IPC and Section 3(2)(5) of SC/ST Act, P.S. Bhoganipur, District Kanpur Dehat seeking his release on bail.
Learned counsel for the appellant has submitted that the victim is alleged to have been taken away on 30.06.2018, however, FIR has been lodged on 07.07.2018 and the victim is the consenting party and the allegation of rape is absolutely false and concocted.
Per contra, learned AGA has drawn the attention of the Court towards the statement of the victim recorded under Sections 161 and 164 CrPC, in which, she has categorically stated that on 30.06.2018, when she had gone to answer the call of nature, the appellant caught hold of her and had given her some intoxicant substance, due to which, she lost her consciousness and the appellant had taken her away to Surat and there, he forcibly committed rape upon her and thereafter, brought her back to Bhoganipur and the appellant had also threatened to kill her father.
I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record including the impugned order carefully.
Having regard to the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and specific role assigned to the appellant, I am not inclined to grant the bail to the appellant. The impugned order dated 31.08.2018 passed by the trial court is just, proper and legal and do not call for any interference.
This criminal appeal lacks merit and it is accordingly dismissed.
Order Date :- 21.8.2019 Nadim