Court No. - 48
Case :- CRIMINAL APPEAL No. - 1153 of 2018 Appellant :- Ajay Harijan @ Golu Respondent :- State Of U.P. And Another Counsel for Appellant :- Kailash Nath Counsel for Respondent :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
List has been revised.
Learned counsel for the appellant is present along with learned A.G.A. None appears on behalf of opposite party nos.2 despite repeated calls.
Office report shows that the notice to opposite party no.2 has been sent, but today when the case was taken up, neither the opposite party nor any counsel on his behalf has appeared. The State of U.P. has also not filed any counter affidavit. In the wake of heavy pendency of cases in this Court where dockets are already bursting on their seams, there is no justifiable reason to further procrastinate the matter. This Court, therefore, deems it fit to proceed in the matter on the basis of the record with the assistance of the learned AGA representing the State.
Supplementary affidavit filed today is taken on record.
The present criminal appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed on behalf of appellant Ajay Harijan @ Golu against the order dated 05.02.2018 passed by the Special Judge SC/ST Act/Additional Sessions Judge, Court No.4, Jaunpur in Bail Application No.25 of 2018 (Ajay Harijan @ Golu vs. State of U.P.), Case Crime No.05 of 2018, u/s 376D I.P.C. read with Section 3(2)5 of SC/ST Act, P.S.-Sarpatahan, District-Jaunpur, whereby bail application of the appellant has been rejected.
Heard learned counsel for the appellant and learned A.G.A.
Submission of counsel for the appellant is that though the allegations had been made earlier by the victim but the affidavit that was furnished on her behalf before the Additional Sessions Judge/Special Judge (SC/ST Act), Jaunpur shows that the case lodged against the appellant was under some coercive pressure. Counsel has drawn the attention of the Court to Annexure SA-1 annexed along with the supplementary affidavit, in which she denied all allegations against the applicant and has gone to the extent of saying that the appellant and co-accused Amit Pandey despite their innocence are behind the bars and she wants to atone for the same while no such incident, as has been shown in the F.I.R., actually took place. Submission is that in view of this subsequent development at least a prima facie case for bail is made out and the appeal of the appellant deserves to be allowed. It has also been pointed out that the co-accused Amit Pandey has been granted bail by this Court in Criminal Appeal No.811 of 2018 today itself. Submission is that the case of the accused-appellant has no substantial difference with that of the co-accused who has been released on bail, and therefore, on principles of parity also the accused should be released on bail.
Learned A.G.A. has opposed the appeal of the appellant but could not dispute the above facts which touch the core issue.
Considering the facts and circumstances of the case and the arguments advanced on behalf of both the sides and keeping in view the fact that the trial of the case is not likely to be concluded in near future, the impugned order dated 05.02.2018 passed by the Special Judge SC/ST Act/Additional Sessions Judge, Court No.4, Jaunpur, rejecting the bail application, is set aside.
Let the appellant-Ajay Harijan @ Golu, involved in Case Crime No.05 of 2018, u/s 376D I.P.C. read with Section 3(2)5 of SC/ST Act, P.S.-Sarpatahan, District-Jaunpur be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-
(1) The appellant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
(2) The appellant will personally appear on each and every date in the court and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
On the above terms and conditions the present appeal stands allowed.
Order Date :- 30.4.2018 M. Kumar