Cr. Appeal allowed. Appellant Juggan released on bail with sureties in obsolete case under SC/ST Act and IPC sections; impugned order quashed without expressing opinions on merits.
Release on personal bond with two sureties each; impugned order of 06.02.2018 quashed.
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Court No. - 12
Case :- CRIMINAL APPEAL No. - 1325 of 2018
Appellant :- Juggan Respondent :- State Of U.P. And Another Counsel for Appellant :- Rajeev Upadhyay Counsel for Respondent :- G.A.
Hon'ble Siddharth,J.
This criminal appeal has been filed by the learned counsel for the appellant under Section 14-A (2) of the Schedules Castes & Schedules Tribes (Prevention of Atrocities) Act, 1989 for setting aside the impugned order dated 06.02.2018 passed by Additional Sessions Judge/ Special Judge, SC/ST Act, Farrukhabad, in Case Crime No.488 of 2017, under Sections 323, 366 I.P.C. & Section 3(2)5 SC/ST Act, Police Station- Kamalganj, District Farrukhabad.
As per office report dated 05.4.2018, notice on the opposite party no.2 has been served is deemed to be sufficient. No one appears on his behalf.
Heard learned counsel for the appellant and learned A.G.A. for the State and perused the record.
It has been contended by the learned counsel for the appellant that as per the statement of victim under Section 164 of Cr.P.C., she has stated that she knows the appellant and she married with Mujeeb in the name of Roshani Begum with her own free will. There is no allegation against the appellant in her statement. The appellant is languishing in jail since 12.1.2018. The appellant has no criminal history except the present case.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the appellant.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case as well as the sentence awarded to the appellant, I am of the opinion that the appellant is entitled to be released on bail.
Let the appellant Juggan be released on bail in Case Crime No.488 of 2017, under Sections 323, 366 I.P.C. &
Section 3(2)5 SC/ST Act, Police Station- Kamalganj, District Farrukhabad on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
The impugned order 06.02.2018 passed by Additional Sessions Judge/ Special Judge, SC/ST Act, Farrukhabad is, hereby, quashed.
The appeal is allowed .
Order Date :- 3.7.2018 Ruchi Agrahari
2 issues framed by the court
Whether the appellant is entitled to bail despite the charges under the SC/ST Act, considering the victim's statement.
Whether to quash the impugned order refusing bail.
Juggan
State Of U.P.
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
