Criminal Appeal allowed challenging a bail denial order. Holding the lower court's order deserving to be allowed, the single judge set aside the impugned order and granted bail.
Impugned order laying down 21.2.2019 set aside; appellant Asif released on bail upon executing personal bond and furnishing two reliable sureties.
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Court No. - 71
Case :- CRIMINAL APPEAL No. - 1913 of 2019
Appellant :- Asif Respondent :- State Of U.P. And Another Counsel for Appellant :- Rakesh Pati Tiwari Counsel for Respondent :- G.A.
Hon'ble Ajit Singh,J.
Supplementary affidavit filed on behalf of appellant in the Court today is taken on record.
Heard learned counsel for the appellant, learned A.G.A. for the State and perused the material on record.
This criminal appeal under Section 14 A(2) of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed challenging the order dated 21.2.2019 passed by the learned Addl. Sessions Judge-II/Special Judge (SC/ST) Act, Bareilly in Bail Application No. 460 of 2019, arising out of Case Crime no. 598 of 2018, under Sections 376, 506 I.P.C. and Section 3(2)V SC/ST Act, P.S. Deorania, district-Bareilly, seeking bail in the aforesaid sections.
Learned counsel for the appellant submitted that the incident had taken place on 2.4.2018. The first information report was lodged on 22.11.2018 against the appellant by the victim pursuant to the order passed by the Magistrate on the application moved by the victim before him under section 156(3) Cr.P.C. on 13.7.2018. He further submitted that the victim was a married lady aged about 21 years and she was in consensual relationship with the appellant. She has mentioned the telephone number of the accused in her application moved under Section 156(3) Cr.P.C. He also submitted that the victim has refused to get herself medically examined. He further submitted that the appellant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. He lastly submitted that the appellant, who is in jail since 25.1.2019 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
Per contra learned A.G.A. has opposed the prayer for bail.
Without commenting on the merits of the case, considering the facts and circumstances of the case, I am of the view that the bail application filed before the court below deserves to be allowed. It is ordered accordingly.
In the result, the appeal succeeds and the same stands allowed. Impugned order dated 21.2.2019 passed by the learned Addl. Sessions Judge-II/Special Judge (SC/ST) Act, Bareilly is hereby set aside.
Let the applicant-appellant, Asif be released on bail in the aforesaid case crime number on his executing a personal bond and furnishing two reliable sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 10.5.2019 Faridul
2 issues framed by the court
Whether the bail application of the appellant in an SC/ST Act case, arising out of charges of sexual offence and false charge, deserves to be allowed.
Whether the impugned order declining bail should be set aside on the facts and circumstances of the case.
3 provisions across 2 enactments
Asif
State Of U.P. And Another
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
