The Allahabad High Court has granted conditional bail to Block Pramukh of Gyanpur Block, Manish Mishra and Suresh Kesharwani in the case of rape of a Scheduled Caste woman.
A Single Bench of Justice Ram Manohar Narayan Mishra passed this order while hearing a Criminal Appeal filed by Suresh Kesarwani and Manish Mishra.
The criminal appeal has been preferred under Section 14A(2) SC/ST Act against order dated 20.06.2022 passed by Special Judge SC/ST Act/ Additional Sessions Judge, Bhadohi at Gyanpur arising out of Case under Sections 376D, 504, 506 I.P.C and Section 3(2)(V) SC/ST Act, P.S-Ounj, District- Bhadohi, whereby bail application of the appellant has been rejected by the Court concerned.
According to prosecution version, the informant lodged an F.I.R on 7.12.2021, on the basis of an application filed before S.P Saint Ravi Das Nagar (Bhadohi) bearing date 10.11.2021 wherein she stated that she is a married lady aged around 30 years she is resident of Village Raghupur, Saidabad, Handia and belongs to Scheduled Caste, she was standing on G.T road in March, 2019 in search of some manual work in front of her village, a 4 wheeler coming from Allahabad stopped near her and the persons sitting in the vehicle offered her a job at their village relating to clearing of wheat in their house and for that purpose they offered her a lift also, she sat in the vehicle placing faith in their offer.
However, two persons sitting in said vehicle took her at a house at village Navdhan and got her naked and committed rape on her one by one, they also disclosed their name and occupation as Manish Mishra, Block Pramukh of Gyanpur Block and Suresh Kesarwani, they assured her to search for a job in their block and cautioned her to not disclose this incident to any other person and threatened her that they had got clipped a video of the incident which would be made viral, if she made any complaint in the matter. The victim came back to her place from there as they got her to sit in some vehicle. They used to call her at different places and exploit her physically by keeping her in fear that her video would be made viral.
On 09.11.2021, Suresh Kesarawani called her on mobile phone to come and take her photographs and video back but when she visited there, he took her in a room at Deegh-Block and the accused persons committed rape on her and abused her by calling her caste name. They also threatened her with life.
Counsel for the appellants submitted that the accused persons are falsely implicated by the informant, she is a married and a major lady and is well aware to understand right and wrong. The appellant Suresh Kesarwani is held in jail custody since 09.12.2021 and Manish Mishra is held in jail custody since 07.12.2021,therefore, they are in jail custody for around one year 3 months. Present case is just a politically motivated case and an example of misuse of the process of law. The prosecutrix has studied up to Class-10, but she is not sure about the date, place and time of the incident; she has regularly changed her version. No eye-witness account is available in the case, except bald statements of the prosecutrix and finds no corroboration in material particulars.
From perusal of F.I.R, itself it is clear that case is a manufactured one, the appellant Manish Mishra, as a matter of fact was arrested in another case 07.11.2012 P.S- Jaitpura, District Varanasi at around 1:00 P.M and on the very same date present F.I.R. was registered at around 07:00 P.M wherein, Section 376 I.P.C is invoked together with Section 3(2) (V) SC/ST Act with malafide intention so that he could not come out of jail till the time of Assembly Elections 2022 are over.
The appellant Manish Mishra is 7 times Block Pramukh and was a good contender for legislative elections and the F.I.R has been lodged at the instance of opponents of the appellant with political reasons and prosecutrix had been made weapon for the purpose.
Per contra, counsel for first informant and A.G.A vehemently opposed the prayer of bail made by appellant by way of the criminal appeal and submitted that the appellants are habitual criminals and are persons of influence who have taken undue advantage of the pathetic condition of the victim and exploited her sexually on pretext of providing her a job as well as keeping her in fear and making her obscene video viral which was recorded by them while committing rape on her for the first time. The victim has lodged a second F.I.R against family members of the appellant Manish Mishra with effect that they have tried to bribe her and exerted pressure on her to speak in favour of the appellant before the Court and said F.I.R has been lodged at P.S Gopiganj (Bhadohi)on 19.11.2022 before commencement of her evidence the incident on 12.09.2022, in which wife, son of the appellant Manish Mishra and two other persons are named as accused and to withdraw the case against the appellant, they also abused and threatened her and impressed upon her to withdraw present case. The appellants are members of the gang of Vijay Mishra, former legislator and existing and history sheeter and they are co-accused with him in crime under Section 3(1) of UP Gangsters Act.
Counsel for the appellant further submitted that prosecutrix in her cross-examination has stated that this F.I.R was also lodged by her on pressure exerted by Manoj Mishra and police administration and this is not outcome of her free will and alleged obscene video propounded by the prosecutrix in F.I.R as well as in her statements has never been traced or seized during investigation even after arrest of accused. In fact, no such video exists.
“Considering rival submissions of the counsel for the parties, nature of offence, complicity of accused, long incarceration of the accused appellant as under trial in the case, the fact that F.I.R has been lodged after 2 years 9 months of the first incident of sexual offence allegedly committed against the victim who has changed her stand in her statement under Section 164 Cr.P.C From F.I.R and thereafter during trial at the stage of cross-examination as well as the entirety of facts and circumstances of the case but without expressing any opinion on the merits of the case, in my considered opinion that case of bail is made out in respect of appellants in their respective appeal filed against the impugned order passed by the Court below has committed an error in rejecting bail application of the appellants without considering intricate questions involved in the matter and same is not sustainable”, the Court observed.
Consequently, the Court allowed the appeal and the impugned order passed by the Court below is set aside.
The Court ordered that,
Let the accused appellant- Suresh Kesarwani and Manish Mishra aforesaid case be released on bail on their furnishing personal bonds with two sureties each in the like amount to the satisfaction of the Court concerned with following conditions:-
(i) That the appellant shall cooperate in the expeditious disposal of the trial, will not seek unnecessary adjournments during trial and shall regularly attend the court unless inevitable.
(ii) That 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.
(iii) That after his release, the appellant shall not be involved in any criminal activity.
(iv) The identity, status and residential proof of sureties will be verified by the court concerned before the release of the appellant on bail.
(v) The appellants will not approach or come into contact with the victim in any manner whatsoever.
It is made clear that in case of breach of any of the conditions mentioned above, the court concerned will be at liberty to cancel the bail of the appellant.