Criminal Appeal allowed where Special Judge's bail rejection was set aside as the appellant made out a case for bail given medical report showed no injuries and no criminal history.
Impugned order dated 29.05.2020 is set aside. Accused-appellant to be released on personal bond and two sureties subject to cooperation in trial.
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Court No. - 88
Case :- CRIMINAL APPEAL No. - 1676 of 2020
Appellant :- Matloob Respondent :- State Of U.P. And 2 Others Counsel for Appellant :- Sharad Saran Srivastava,Rakesh Kumar Verma Counsel for Respondent :- G.A.,Istyak Khan
Hon'ble Ajit Kumar,J.
Heard Sri R.K. Verma, learned Counsel for the appellantapplicant, Sri Istyak Khan, learned counsel for the complainant, learned AGA and perused the record.
This Criminal appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015 has been preferred by the appellant- Amit Dwivedi with the prayer to set aside the order dated 29.05.2020 passed by learned Special Judge (SC/ST Act), Kaushambi in Bail Application No. 44 of 2020 rejecting the bail application in Case Crime No. 42 of 2020 under Sections 376, 342, 363, 366, 506 I.P.C. and Section 3(2)(V) SC/ST Act, P.S.- Karadham, District- Kaushambi.
Allegations in the first information report are that the daughter of complainant was got enticed away by the applicant and he has committed rape upon her. In the statement of the victim recorded under Section 164 Cr.P.C., similar version has come up. The medical examination report has also been annexed in which there is no mark of injury shown.
It has been submitted by learned Counsel for the appellantapplicant that the appellant is quite innocent and has been falsely implicated for ulterior motive. It is further argued that the victim is a consenting party and is major. It is also argued that there is no criminal history of the applicant in the past. It is also submitted that though the charge sheet has been submitted in the present case, but in the wake of heavy pendency of cases in the Court, there is no chance of any early conclusion of trial. The applicant is languishing in jail since 07.03.2020.
Though the appeal has been opposed vehemently by the counsel for the complainant as well as the learned A.G.A. but they could not dispute the aforesaid facts. The medical examination report shows no sign of injury on the body of victim.
I have considered the rival submissions so made and having gone through the entire record including the order by which, bail application of the appellant-applicant has been rejected,
impugned herein this appeal and having regard to the facts and circumstances of the case and keeping in view the evidence, complicity of accused, I am of the view that the appellant has made out a case for bail.
Accordingly, this appeal is allowed and the impugned order dated 29.05.2020 rejecting the bail of the appellant is set aside.
Let the above named accused-appellant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of Court concerned subject to the condition that applicant shall cooperate in the trial and will not jump the bail.
The concerned Court/Authority/Official is further directed to verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 4.1.2021 IrfanUddin
2 issues framed by the court
Whether the appellant has made out a case for bail considering the medical evidence and circumstances.
Whether to set aside the order rejecting the bail application.
3 provisions across 2 enactments
Matloob
Amit Dwivedi
State Of U.P.
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
