Allowed

Saksham Sirauthiya v. State of U.P. and Another

Allahabad HC16 Jul 2021CRLA/80/2021

Case brief

AI extract

What is this about?

In Criminal Appeal No. 80 of 2021, a single judge allowed the appellant's appeal against the rejection of his bail application. The court set aside the impugned order and directed the release of the accused on bail by furnishing personal bonds and two sureties.

What did the court decide?

Impugned order dated 19.12.2020 rejecting bail is set aside; accused released on bail on personal bonds and two sureties.

Saksham Sirauthiya Vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2021)

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Court No. - 50

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Case :- CRIMINAL APPEAL No. - 80 of 2021

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Appellant :- Saksham Sirauthiya Respondent :- State Of U.P. And Another Counsel for Appellant :- Rajendra Prasad Tiwari,Pardeep Kumar,Prem Narayan Singh,Sunil Kumar Singh,Vinay Kumar Tiwari Counsel for Respondent :- G.A.,Mohammad Mahtab Alam,Saif Naseem,Sayyed Kashif Abbas Rizvi

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard learned counsel for the appellant, learned A.G.A. for the State and perused the material available on record.

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This Criminal Appeal under Section 14-A (2) of SC/ST Act as Amended, has been preferred by the appellant with the prayer to set aside the order dated 19.12.2020 passed by Special Judge SC/ST (Prevention of Atrocities) Amendment Act, Jhansi, in Case Crime No.558 of 2020, under Sections 342, 376D, 377, 504, 506 I.P.C. and 3(2)(5) SC/ST (P.A.) Act, P.S. Mauranipur, District Jhansi.

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Contention, in brief, is that in this case, the allegation of gang rape committed by two persons upon the prosecutrix is not sustainable in view of fact that medical examination which was conducted soon after the occurrence, does corroborate any injury or any rape being committed upon the prosecutrix. Merely because the applicant is friend of the main accused Narendra @ Sonu, name of the applicant has been dragged along with the main accused Narendra @ Sonu. Further statement of the prosecutrix recorded under Sections 161 and 164 Cr.P.C. are in contradiction to each other, if one is taken and believed to be correct then the same is varied and falsified in substantial manner which throws doubt on the involvement of the applicant in the occurrence. The main accused Narendra @ Sonu has already been admitted to bail by coordinate Bench of this Court vide order dated 28.06.2021. In case the appellant is admitted to bail, there is

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no possibility of his absconding or misusing the liberty of bail. The appellant is languishing in jail since 16.10.2020.

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Learned A.G.A. has vehemently opposed the prayer for bail of the appellant.

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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 has been rejected, impugned herein this appeal.

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Nothing convincing has been argued on behalf of the complainant/State so as to justify and sustain the order passed by the court below rejecting the bail application of the appellant.

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Thus, in view of the above 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.

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Accordingly, this appeal is allowed and the impugned order dated 19.12.2020, rejecting the bail of the appellant is set aside.

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Let the accused-appellant Saksham Sirauthiya involved in the aforesaid case crime number for the aforesaid offences be released on bail on his furnishing personal bonds and two sureties each of the like amount to the satisfaction of Court concerned subject to the condition that appellant shall cooperate in the trial and will not jump the bail.

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Order Date :- 16.7.2021 rkg

Saksham Sirauthiya v. State of U.P. and Another

Case brief

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Saksham Sirauthiya v. State of U.P. and Another

Case brief

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