The court allowed a bail appeal filed under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, setting aside the impugned bail refusal order and directing the release of the appellant on personal bond and sureties.
Set aside impugned bail refusal order; directed release of appellant on personal bond and two sureties.
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Court No. - 71
Case :- CRIMINAL APPEAL No. - 2944 of 2019
Appellant :- Jitendra Yadav Respondent :- State Of U.P. And Anr. Counsel for Appellant :- Ravindra Prakash Srivastava,Prakash Srivastava Counsel for Respondent :- G.A.
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 25.03.2019 passed by learned Special Judge SC/ST Act, District Siddharth Nagar in Case Crime No. 299 of 2018 under section 363, 366 I.P.C. and 3(2)(v) SC/ST Act, PS. and District Siddharth Nagar, seeking bail in the aforesaid sections.
Learned counsel for the appellant submitted that the age of the victim is 18 years as per medical report which has been annxed at page 41 of the paper book. He has further submitted that the victim in her statement under section 161 Cr.P.C. stated that she has lived with the present appellant Jitendra Yadav and she had gone with him on her own sweet will. He has further submitted that she has not named the present accused in her statement under section 164 Cr.P.C and she had gone to Punjab with the present appellant Jitendra Yadav on her own sweet will. He lastly submitted that the appellant is languishing in jail 10.11.2018 having no criminal history and in case he is released on bail, he will not misuse the liberty of bail.
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 25.3.2019 passed by learned Special Judge SC/ST Act, District Siddharthnagar is hereby set aside. Let the applicant-appellant, Jitendra Yadav 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 :- 16.5.2019 Rk
1 provisions across 1 enactments
Jitendra Yadav
State Of U.P. And Anr
Ajit Singh
As recorded by the court registry
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