Court No. - 50
Case :- CRIMINAL APPEAL No. - 3084 of 2021 Appellant :- Ajay Kumar Maurya Respondent :- State Of U.P. And Another Counsel for Appellant :- Ajay Pandey 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 20.11.2020 passed by Special Judge, SC/ST Act, Kaushambi in Bail Application No.97 of 2020 arising out of case crime no.42 of 2020, under Sections 376, 504, 506 IPC and 3(2)(5), 3(1)(dha) SC/ST Act, P.S. Manjhanpur, District Kaushambi.
Learned counsel for the appellant has argued that the appellant is an innocent person and has been falsely implicated in the present case. The prosecutrix is major. The FIR came into picture through application under Section 156(3) Cr.P.C. It is admitted case that love affair between the appellant and the prosecutrix was existing prior to her marriage and it is the factual statement of the victim herself that she was caught by her in- laws while she was accompanying the appellant then in order to save her skin, she herself made false statement of rape having been committed upon her, although no such incident ever took place. No medical corroboration of any rape having been committed. Appellant has no criminal history. 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 01.11.2020.
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 20.11.2020 rejecting the bail of the appellant is set aside.
Let the accused-appellant, namely, Ajay Kumar Maurya 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 :- 29.10.2021 Raj