Court No. - 64
Case :- CRIMINAL APPEAL No. - 3969 of 2021 Appellant :- Amar Singh Respondent :- State of U.P. and Another Counsel for Appellant :- Ayush Mishra,Yogendra Misra Counsel for Respondent :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Sri Janardan Prakash learned A.G.A. states that notice has been served on the informant. Despite service of notice on respondent no. 2, none has appeared on his behalf to oppose the bail appeal. Accordingly, the bail appeal is being proceeded on merits.
2. Heard Sri Yogendra Misra, learned counsel for the appellant; Sri Janardan Prakash, learned AGA for the State and perused the material placed on record.
3. Counter affidavit filed by learned A.G.A. today in Court is taken on record.
4. This criminal appeal under Section 14-A(2) of The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant with the prayer to set aside the order dated 25.8.2021, passed by learned Special Judge S.C./S.T. (Prevention of Atrocities) Act, Firozabad, in Case Crime No. 210 of 2021, under Sections - 363, 366, 376, 323 I.P.C. and Section 3(2)5 S.C./S.T. (Prevention of Atrocities) Act, Police Station - Jasrana, District - Firozabad, whereby bail application of the appellant has been rejected.
5. At the outset, learned counsel for the appellant submits, against the FIR lodged on 28.5.2021, the appellant is in confinement since 29.5.2021; the appellant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest; the appellant has no criminal history; chargesheet has already been submitted yet, trial has not commenced. Therefore, there is no hope of early conclusion of the trial; on prima facie basis, it has been submitted by learned counsel for the appellant that inherently improbable allegations have been made in the FIR of the appellant having abducted the victim who is 21 years of age (as per high school certificate) and was taken to Gurgaon on a two wheeler without abetment and participation by any other accused; the victim also stayed with the appellant for more than one month without raising any complaint or objection or cry for help; thus it has been suggested that since the parties were known from before they were in a consensual relationship and that the FIR allegations have emerged only upon that relationship having gone bad. Also, it has been submitted, the allegations of violation of SC/ST Act are general and made to lend colour to the story.
6. Learned A.G.A. has vehemently opposed the prayer for bail of the appellant.
7. Having heard learned counsel for the parties and having perused the record, at present, the order passed by the learned court below rejecting the bail application filed by the appellant, cannot be sustained.
8. Without drawing any inference as to facts, in view of the above noted facts & submissions and having regard to the status of the evidence, as has been shown to exist on record, let the appellant be enlarged on bail at this stage.
9. Accordingly, this appeal is allowed and the impugned order dated 25.8.2021, rejecting the bail of the appellant is set aside.
10. Let the accused-appellant, namely, Amar Singh , involved in the aforesaid crime 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 :- 21.12.2021 Faraz