In this criminal appeal, the High Court allowed an appeal against a bail rejection order under the SC/ST Act. The court held that the appellant made out a case for bail, citing a potential consensus relationship and lack of escape risk.
Impugned bail rejection order dated 18.01.2021 set aside. Appellant released on bail with personal bonds 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. - 50
Case :- CRIMINAL APPEAL No. - 808 of 2021
Appellant :- Nazeeb Respondent :- State of U.P. and Another Counsel for Appellant :- Santosh Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the appellants, learned A.G.A. for the State and perused the material available on record.
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 18.01.2021, passed by Special Judge (SC/ST) Act, Kanpur Nagar, in Case Crime No. 759 of 2020, under Sections - 323, 504, 506, 420, 376-D I.P.C. and 3(2)5 S.C./S.T. Act, Police Station - Naubasta, District - Kanpur Nagar.
Appellant claims false accusation on various grounds; prime being that consensus relationship exists between both the parties and the statement of the victim recorded under Section - 164 Cr.P.C. is apparently indicative of non involvement of the appellant that he had no intention ever to commit any offence like rape. Even, in the statement of the victim recorded under Section - 161 Cr.P.C., the prosecution story cannot be believed to be true and it is, on the face, consensus relationship. The victim is major around 25 years of age. In case the appellant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The appellant has no criminal history and is languishing in jail since 20.08.2020.
Learned A.G.A. has vehemently opposed the prayer for bail of the appellant.
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.
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.
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.
Accordingly, this appeal is allowed and the impugned order dated 18.01.2021, rejecting the bail of the appellant is set aside.
Let the accused-appellant - Nazeeb 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.
Order Date :- 13.9.2021 S Rawat
3 issues framed by the court
Whether the appellant has made out a case for bail in a charge of rape under Section 376-D IPC and atrocities under SC/ST Act.
Whether the impugned bail rejection order should be set aside.
Whether the appellant is likely to abscond or misuse bail in a consensus relationship case.
7 provisions across 2 enactments
Nazeeb
State of U.P.
Another
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
