This criminal appeal challenged the rejection of a bail application under the SC/ST Act. The Single Judge allowed the appeal, set aside the impugned order, and released the appellant on bail.
Impugned order set aside; appeal succeeded; appellant released on bail.
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Court No. - 71
Case :- CRIMINAL APPEAL No. - 3389 of 2019
Appellant :- Sonu Rajbhar Respondent :- State Of U.P. And Another Counsel for Appellant :- Kamlesh Kumar Yadav 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 13.9.2018 passed by the Second Addl. Sessions Judge/Special Judge (SC/ST) Act, Ghazipur in Criminal Misc. Bail Application No. 149 of 2018, arising out of Case Crime no. 135 of 2018, under Section 3(1) (XII) SC/ST Act, P.S. Mohammadabad, district-Ghazipur, seeking bail in the aforesaid sections.
Learned counsel for the appellant submitted that the victim Chandani Gaur is admittedly major. In the first information report she has alleged that the appellant had enticed her and developed sexual relationship with her on the promise of marrying her. He next submitted that victim is a married lady and she was in consensual relationship with the appellant and she had gone with the appellant to Haryana on her own sweet will and lived with him for four months. Although she in her statement recorded under section 164 Cr.P.C. (annexure-4) has supported the prosecution case but the same cannot be accepted on its face value. 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 5.9.2018 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 13.9.2018 passed by the Second Addl. Sessions Judge/Special Judge (SC/ST) Act, Ghazipur is hereby
set aside.
Let the applicant-appellant, Sonu Rajbhar 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 :- 24.5.2019 Faridul
1 issue framed by the court
Whether the bail application challenging the rejection of bail by the Special Judge under the SC/ST Act deserves to be allowed.
2 provisions across 1 enactments
Sonu Rajbhar
State Of U.P.
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
