In a criminal appeal under the SC/ST Act, the court allowed the appellant's plea to set aside the bail rejection order. Relying on the victim's statement of self-enticement and lack of history, the court granted bail.
The impugned order dated 23.7.2020 rejecting bail is set aside and the appellant is released on bail with personal bonds and 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. - 2914 of 2020
Appellant :- Hari Singh Respondent :- State of U.P. and Another Counsel for Appellant :- Vipin Kumar Counsel for Respondent :- G.A.
Hon'ble Ajit Kumar,J.
Rejoinder affidavit filed today by learned counsel for the appellant is taken on record.
Heard Sri Vipin Kumar, learned Counsel for the appellantapplicant, 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- Hari Singh with the prayer to set aside the order dated 23.7.2020 passed by learned Special Judge (SC/ST Act), Etah in Bail Application No. 965 of 2020 rejecting the bail application in Case Crime No. 346 of 2020 under Sections 363, 366 I.P.C. and Section 3(2)(Va) SC/ST Act, P.S.- Kotwali Nagar, District- Etah.
Allegations in the first information report are that the daughter of the complainant was enticed away by the applicant, on the basis of which the applicant's mother and father have also been implicated in the present case. However, the police has exonerated them of the charges.
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. In the statement of the victim recorded under Section 164 Cr.P.C. the victim has clearly stated that she has herself eloped with the applicant on 29.5.2020 and she has not been enticed away by the applicant. 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 7.6.2020.
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.
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 and also the statement of the victim recorded under Section 164 Cr.P.C. 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 23.7.2020 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 Deepika
3 issues framed by the court
Whether the Criminal Appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act should be allowed to revoke the rejection of bail.
Whether the appellant makes out a case for bail considering the facts and circumstances including the statement of the victim.
Whether the rejection of bail in Case Crime No. 346 of 2020 should be set aside.
3 provisions across 2 enactments
Hari 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
