Rejoinder affidavit filed today by learned counsel for the appellant is taken on record.
Heard learned Counsel for the appellant-applicant, learned AGA 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- Anil Kumar Mali with the prayer to set aside the order dated 3.10.2020 passed by learned Special Judge (SC/ST Act), Kaushambi in Bail Application No. 82 of 2020 rejecting the bail application in Case Crime No. 471 of 2020 under Sections 366, 376 I.P.C. and Section 3(2)(Va), 3 (1)Gha SC/ST Act, P.S.- Manjhanpur, District- Kaushambi.
Allegations in the first information report are that the daughter of the informant aged about 16 years was enticed away by the present applicant in the name of marriage and to take her to Mumbai. However, on 24.7.2020 he left her alone and absconded.
It has been submitted by learned Counsel for the appellant-applicant that the appellant is quite innocent and has been falsely implicated for ulterior motives. It is next submitted that the victim was very much a consenting party and is major aged about 19 years as per medical examination report. It is next submitted that vide her statement recorded under Section 161 Cr.P.C. as also given before the medical officer, she has stated that she had voluntarily eloped with the applicant and they were living as husband and wife. She reiterated the same stand as taken in statement recorded under Section 161 Cr.P.C. before the Magistrate concerned and that is why her application to record statement under Section 164 Cr.P.C. was disposed of with an order that the statement given under Section 161 Cr.P.C. is same and so the said statement be taken as recorded under Section 164 Cr.P.C. It is next submitted that the applicant had gone to Mumbai in connection with some employment and while she came to her fathers' house, he held her and thus FIR was lodged. It is also argued that there is no criminal history to the credit of the applicant. It is also submitted that though the charge sheet has been submitted in the present case, but in the wake of heavy pendency of cases in the Court, there is no chance of any early conclusion of trial. The applicant is languishing in jail since 6.9.2020.
Per contra, the appeal has been opposed vehemently by the counsel for the complainant as well as the learned A.G.A. but they could not dispute the aforesaid facts.
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 to justify and sustain the order of the court below rejecting the bail applications of the appellants.
Thus, in view of the above 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 3.10.2020 rejecting the bail of the appellant is set aside.
Let the above named accused-appellant 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 :- 3.2.2021 Deepika