In Criminal Appeal No. 2021 of 2020, the Hon'ble Court allowed the bail appeal of Boby @ Shahenwaz against the rejection of his bail in a case under Sections 366, 376(D), 342 IPC and Section 3(2)(5) SC/ST Act.
Appellant released on bail with personal bond and two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 88
Case :- CRIMINAL APPEAL No. - 2021 of 2020
Appellant :- Boby @ Shahenwaz Respondent :- State of U.P. and Another Counsel for Appellant :- S.M. Nazir Abbas Abedi,Arvind Kumar Counsel for Respondent :- G.A.,Abhijit Mishra
Hon'ble Ajit Kumar,J.
Heard Sri Arvind Kumar , learned Counsel for the appellantapplicant, Sri Abhijit Mishra, 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, 1989 has been preferred by the appellant- Boby @ Shahenwaz with the prayer to set aside the order dated 28.5.2020 passed by Additional Session Judge/Special Judge (SC/ST Act), Mainpuri in Bail Application No. 45 of 2020 rejecting the bail application in Case Crime No. 118 of 2020 under Sections 366, 376(D), 342 I.P.C. and Section 3(2)(5) SC/ST Act, P.S.- Bhogaon, District- Mainpuri.
Allegations in the first information report are that the sister of the informant aged about 19 years went missing since 1200 hours of 7.3.2020 and resultantly the FIR has been lodged on the ground that the present applicant had virtually enticed away the sister of the informant.
It has been submitted by learned Counsel for the appellantapplicant that the appellant is quite innocent and has been falsely implicated for ulterior motives. It is next argued that the victim is major and she on her own, accompanied the applicant and stayed with him. It is further stated that the recovery memo of the girl prepared by the police fully established that she was standing by the side of the applicant at the place of recovery. Further, it is submitted that the statement of the victim under Section 164 Cr.P.C. is quite opposite to what as has been stated in the recovery memo. It is also argued that there is no criminal history of the applicant. 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 14.3.2020.
Per contra, 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 nor could establish atleast primafacie convincing that the sister of the informant did not voluntarily surrendered to the applicant and accompanied with him.
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. Nothing convincing has been argued on behalf of the complainant/State to justify and sustain the order of the court below rejecting the bail applications of the appellants.
Thus, in view of the above 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 28.5.2020 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 :- 11.1.2021 Deepika
2 issues framed by the court
Whether bail should be granted to the appellant arrested under Sections 366, 376(D), 342 IPC and Section 3(2)(5) of SC/ST Act.
Whether the impugned order rejecting the bail application should be set aside.
Boby @ Shahenwaz
State of U.P.
Aj Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
