Heard learned counsel for the appellant, learned A.G.A. appearing for the State as well as learned counsel for the complainant and perused the record.
This criminal appeal has been filed by the appellant under Section 14A (2) the Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 to set aside the order dated 18.05.2020 passed in Bail application No. 596/2020, arising out of case crime No. 64/2020, under Sections 366/376/342/506 I.P.C. and Section 3(1)(Da), 3(1)(Dha) and 3(2)(v) of S.C./S.T. Act, Police Station Satrikh, District Barabanki.
Learned counsel for the appellant while pressing the appeal submits that, the appellant has been falsely implicated in this case. Nothing as claimed by the prosecution has been committed by the appellant.
Learned counsel for the appellant submits that the prosecutrix is a consenting party. The applicant has been falsely implicated. As per the school certificate of the prosecutrix, she is 22 years old at the time of incident. In her statement under Section 161 Cr.P.C., the prosecutrix has taken the name of the applicant stating that he has committed the offence whereas in his statement under Section 164 Cr.P.C. she has alleged that the offence has been committed by two persons, thus, has made substantial improvement. The medical report does not corroborate the prosecution story. The father of the prosecutrix in his statement under Section 161 Cr.P.C. has admitted the fact that the prosecutrix was in relationship with the applicant. The applicant has explained the criminal of two cases in the rejoinder affidavit.
It is further submitted that, the appellant is languishing in jail in this matter since 20.03.2020. Charge-sheet in the matter has already been submitted. There is no likelihood that the appellant-applicant after release on bail may flee from the process of law or will misuse the liberty of bail granted by this Court.
Learned A.G.A. as well as learned counsel for the complainant opposes the prayer for bail, but could not confront the factual submissions made by the learned counsel for the appellant-applicant.
Considering the facts and circumstance of the case, without commenting upon merits, I am of the view that the learned court below has failed to appreciate the material available on record. In view of above, the order passed by the court below is liable to be set aside.
Accordingly, the appeal is allowed and the order dated 18.05.2020 passed in Bail application No. 596/2020, arising out of case crime No. 64/2020, under Sections 366/376/342/506 I.P.C. and Section 3(1)(Da), 3(1)(Dha) and 3(2)(v) of S.C./S.T. Act, Police Station Satrikh, District Barabanki, is set aside.
Let the appellant-applicant Amit Kasyap involved in aforesaid case be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The appellant will not tamper with the evidence during the trial.
(ii) The appellant will not pressurize/ intimidate the prosecution witness.
(iii) The appellant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iv) The appellant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(v) The appellant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(vi) In case, the appellant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
Order Date :- 29.7.2021 R.C.