Criminal Appeal against the rejection of a bail application. The court found that the appellant made out a case for bail and set aside the lower court's order rejecting bail in a case involving abduction and an SC/ST atrocity charge.
Impugned order dated 4.8.2020 rejecting bail set aside; appellant released on bail with 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. - 2301 of 2020
Appellant :- Sher Singh Respondent :- State of U.P. and Another Counsel for Appellant :- Rajeev Kumar Singh Parmar Counsel for Respondent :- G.A.
Hon'ble Ajit Kumar,J.
Heard Sri Rajeev Kumar Singh Parmar, learned Counsel for the appellant-applicant, 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- Sher Singh with the prayer to set aside the order dated 4.8.2020 passed by learned Special Judge (SC/ST Act), Shahjahanpur in Bail Application No. 1685 of 2020 rejecting the bail application in Case Crime No. 26 of 2020 under Sections 366, 376, 323, 506 I.P.C. and Section 3(2)(V) SC/ST Act, P.S.- Puvayan, DistrictShahjahanpur.
Allegations in the first information report are that the applicant administered some toxic substance to the victim and resultantly she fainted. Taking advantage of the same he abducted the daughter of the informant and her minor child. The version of the FIR has been reiterated in the statement of the victim recorded under Section 164 C.P.C. that she was abducted alongwith her child. However, later on she came back on her own. Further she also stated that she visited several places alongwith the applicant including Nepal.
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 submitted that victim herself developed relations with the applicant and even decided to marry him and while visiting several places she stayed with the applicant and did not object to his company. It is also argued that there is no previous criminal history of the applicant. It is also submitted that 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 5.3.2020.
Per contra, the appeal has been opposed vehemently by the learned A.G.A. but they could not dispute the aforesaid facts.
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 4.8.2020 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 :- 7.1.2021 Deepika
2 issues framed by the court
Whether the appellant is eligible for bail given the allegations of abduction and use of toxic substance.
Whether the heavy pendency of cases justifies granting bail to the appellant.
3 provisions across 2 enactments
Sher Singh
State of U.P.
Another
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
