This criminal appeal challenged the grant of bail to the appellant in offences under the SC/ST Act and IPC. The court allowed the appeal, set aside the lower court's order, and granted bail to the appellant.
Release of the appellant Nazim on bail after executing a personal bond and furnishing two reliable sureties.
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Court No. - 71
Case :- CRIMINAL APPEAL No. - 2515 of 2019
Appellant :- Nazim Respondent :- State Of U.P. And Another Counsel for Appellant :- Kuldeep Kumar Counsel for Respondent :- G.A.,Sunil Kumar Gaur
Hon'ble Ajit Singh,J.
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 11.3.2019 passed by learned Addl. District & Sessions Judge/Special Judge (SC/ST) (PA) Act, Court No.13, Bulandshahr in Case Crime no. 850/2018 (Case No.3645/2018) under section 328, 366, 376D and Section 3(2)(5) SC/ST Act, P.S. Khurja, districtBulandshahr, seeking bail in the aforesaid sections.
Learned counsel for the appellant submitted that the victim was having consensual relation with the accused Mohammad Jaid and she had gone with Jaid on her own sweet will on 15.7.2018 and returned on 21.7.2018. As per medical report the age of the victim is 18-19 years. Learned counsel for the appellant further submitted that Km.Shefali after eloping with Jaid had gone to Amritsar and both had taken a room on rent and submitted their Identity Cards which are annexed at page 51-52. Photo copies of register of Hotel Grand Navjyoti, Amritsar has been annexed at page 53. Further submission is that the appellant is quite innocent and has been falsely implicated in the present case. He lastly submitted that the appellant is languishing in jail since 21.7.2018 having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate with the triall.
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 10.8.2018 passed by learned IInd Addl. District & Sessions Judge/Special Judge (ST/ST) Act, Aligarh is hereby set aside.
Let the applicant-appellant, Nazim 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 :- 14.5.2019 Rk
2 issues framed by the court
Whether the appellant deserves bail in offences under Sections 328, 366, 376D IPC and Section 3(2)(5) of the SC/ST (Prevention of Atrocities) Act, 1989.
Whether the impugned bail order passed by the trial court should be modified.
3 provisions across 2 enactments
Nazim
State Of U.P
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
