Held the Criminal Appeal allowing the appellant to be released on bail by setting aside the Special Court's order rejecting the bail application under the SC/ST Act.
Impugned order rejecting bail set aside; Accused to be released on personal bond and two sureties.
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Court No. - 50
Case :- CRIMINAL APPEAL No. - 846 of 2021
Appellant :- Pradeep Verma Respondent :- State of U.P. and Another Counsel for Appellant :- Santosh Kumar Tiwari Counsel for Respondent :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the appellant, learned Additional Government Advocate for the State 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 with the prayer to set aside the order dated 11.01.2021 passed by Special Judge, Ananya Special Court (SC/ST Act), Gorakhpur in Bail Application No.3978 of 2020 arising out of Case Crime No.1393 of 2020, under Sections 363, 366, 506 IPC and Section 3(1) (10) of the SC/ST Act, Police Station- Shahpur, District- Gorakhpur.
Learned counsel for the appellant has argued that the appellant is an innocent person and has been falsely implicated in the present case on account of ulterior motive. He claims that the victim is major and she is aged about 18 years. He further added that neither the appellant has enticed the victim nor took away to her anywhere. It is further submitted that in the wake of heavy pendency of cases in the Court, there is no chance of any early conclusion of trial. The appellant is languishing in jail since 10.11.2020.
Learned Additional Government Advocate has though opposed the bail of the appellant but could not dispute the aforesaid fact.
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.
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 11.01.2021 rejecting the bail of the appellant is set aside.
Let the accused-appellant, namely, Pradeep Verma 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.
Order Date :- 30.7.2021/Raj
1 issue framed by the court
Whether the impugned order rejecting the bail application of the appellant should be set aside.
2 provisions across 2 enactments
Pradeep Verma
State of U.P.
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
