Criminal Appeal challenging the rejection of bail under Section 14-A(2) of the SC/ST (Prevention of Atrocities) Act. The High Court set aside the impugned order and granted bail to the appellant.
Impugned order dated 23.01.2020 rejecting bail set aside; Appellant released on bail with personal bond and two sureties.
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Court No. - 88
Case :- CRIMINAL APPEAL No. - 799 of 2020
Appellant :- Rvendra Singh @ Hariom Kachhi Respondent :- State of U.P. and Another Counsel for Appellant :- Sudhir Kumar Singh Parmar,Virendra Singh Parmar
Counsel for Respondent :- G.A.,Manvendra Singh
Hon'ble Ajit Kumar,J.
Rejoinder affidavit filed today is taken on record.
Heard learned counsel for the appellant, learned AGA for the State, learned counsel for the complainant and perused the record
This Criminal appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant- Rvendra Singh @ Hariom Kachhi with the prayer to set aside the bail rejection order dated 23.01.2020 passed by learned Special Judge SC/ST Act Fatehpur in bail application no.12 of 2020 arising out of case crime no. 156 of 2019 under Section 376 IPC and Section 3(2)(V) SC/ST (Prevention of Atrocities) Act, 1989, P.S. Kalyanpur, District Fatehpur.
As per allegations in the first information report, the victim was forcibly taken by the accused appellant and was made to board truck that was being driven by the appellant himself and then she was kept at Kanpur for some days where she was sexually harassed against her will and this act amounted to rape by the appellant.
It has been pleaded in the affidavit filed in support of the bail application that the applicant has been falsely implicated in the present case. It is argued that as per first information report version, the appellant has forcibly boarded up the victim on truck and he himself drove the car, which was not possible as she also claimed to have resisted continuously. He further submitted that the first information report has been lodged after two and half months of the incident and there are so many contradictions in the statements of the victim as well other witnesses and so in these circumstances the aforesaid story is totally false. He further submitted that even the medical report has not supported the prosecution version. It has been further submitted that the appellant has no criminal history and he is in jail since 07.08.2019. It has been submitted by learned Counsel for the appellant-applicant that in the wake of heavy pendency of cases in the Court, there is no chance of any early conclusion of trial.
Though the appeal has been opposed vehemently by the learned A.G.A and learned counsel for the complainant 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 23.01.2020 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 :- 5.1.2021 Sanjeev
2 issues framed by the court
Whether the appellant has made out a credible case to challenge the bail rejection order.
Whether the contradictions in prosecution evidence and delayed FIR warrants granting bail.
3 provisions across 2 enactments
Rvendra Singh @ Hariom Kachhi
State of U.P.
Ajit Kumar
As recorded by the court registry
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