In this criminal appeal under the SC/ST Act, the High Court held that despite the gravity of the offense, the appellant was a fit case for bail without expressing an opinion on merits, setting aside the lower court's order and allowing release on bail.
Release on bail by furnishing a personal bond and two reliable sureties each of like amount.
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Court No. - 71
Case :- CRIMINAL APPEAL No. - 3112 of 2019
Appellant :- Talib Khan Respondent :- State Of U.P. And Another Counsel for Appellant :- Rama Shanker Yadav Counsel for Respondent :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the appellant-applicant, Sri R.K.Mishra, learned counsel for the opposite party no.2 and learned A.G.A. for the State. Perused the record.
This criminal appeal under Section 14 A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed challenging the order dated 03.04.2019 passed by learned Special Judge (SC/ST) Act/IInd Additional Sessions Judge, Jaunpur in Bail Application No.55/2019, arising out of Case crime No.51/2019, under Sections 376, 506 I.P.C. and 3(2)(5) SC/ST Act, P.S. Buxa, District Jaunpur, seeking bail in the aforesaid sections.
Learned counsel for the accused/appellant submitted that the appellant has been falsely implicated in the present case and the alleged victim was in a consensual relationship with the appellant. He submitted that the victim is major and educated lady. He submitted that although the victim has supported the allegation of rape under Section 161 Cr.P.C. but she has totally denied the factum of rape in her statement, recorded under Section 164 Cr.P.C. He further submitted that the appellant is in jail since 06.03.2019.
Per contra, learned A.G.A., for the State has vehemently opposed the prayer for bail.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the appeal is allowed and the aforementioned order is hereby set aside.
Let the appellants Talib Khan be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned.
Order Date :- 7.5.2019 R./
1 issue framed by the court
Whether the criminal appeal challenging the bail rejection order should be allowed given the nature of allegations under SC/ST Act.
1 provisions across 1 enactments
Talib Khan
State Of U.P.
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
