Held that the appellant Vipendra is entitled to release on bail in a criminal appeal filed under Section 14-A(2) of the SC/ST Act. The impugned order denying bail was quashed, and bail was granted with personal bonds and sureties.
Appellant released on bail on personal bond with two sureties each; impugned order dated 3.2.2018 quashed.
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Court No. - 12 Criminal Misc. Bail Application No. 1 of 2018
IN Case :- CRIMINAL APPEAL No. - 547 of 2018
Appellant :- Vipendra Respondent :- State Of U.P. Counsel for Appellant :- Vijay Bahadur Shivhare Counsel for Respondent :- G.A.,Kunwar Hans Pratap Singh
Hon'ble Siddharth,J.
This criminal appeal has been filed by the learned counsel for the appellant under Section 14-A (2) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 for setting aside the impugned order dated 3.2.2018 passed by learned Additional Session Judge/Special Judge, Court No. 1, Hamirpur in Case Crime No. 544 of 2017, under sections 363, 366, 376, 504, 506 IPC, section 3(2)(5) SC/ST Act and section 4 POCSO Act, Police Station Rath, District Hamirpur.
Heard Sri Vijay Bahadur Shivhare, learned counsel for the appellant, learned AGA for the State and Sri Hans Pratap Singh, learned counsel for the informant.
Learned counsel for the appellant has contended that the First Information Report is dated 18.9.2017 regarding the incident dated 29.5.2015, the victim is aged above 19 years as per medical report submitted by the Chief Medical Officer, Hamirpur. In the statement of the victim, it is alleged that on the pretext of marriage, she was violated by the appellant. The appellant is in jail since 3.1.2018.
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 Vipendra involved in Case Crime No. 544 of 2017, under sections 363, 366, 376, 504, 506 IPC, section 3(2)(5) SC/ST Act and section 4 POCSO Act, Police Station Rath, District Hamirpur be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
The i impugned order dated 3.2.2018 passed by learned Additional Session Judge/Special Judge, Court No. 1, Hamirpur is, hereby, quashed.
The appeal is allowed .
Order Date :- 2.7.2018 Puspendra
1 issue framed by the court
Whether the appellant is entitled to bail under Section 14-A(2) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 in a matrimonial case involving alleged sexual offences.
Vipendra
State Of U.P.
Siddharth
As recorded by the court registry
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