Heard learned counsel for the applicant/appellant, learned A.G.A. for the State and perused the material available on record.
This appeal has been preferred under Section 14 (A) (2) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 against impugned order dated 22.10.2020 passed by learned Special Judge, (SC/ST Act), Unnao, in Bail Application No. 2628 of 2020 arising out of Case Crime No.198 of 2020 under Sections 452, 352, 354, 504, 506, 376 IPC and Section 3 (2) (5A) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, Police Station Fatehpur Chaurasi, District Unnao.
Learned counsel for appellant has submitted that the appellant is innocent and has falsely been implicated in the aforesaid crime. He further submitted that initially the F.I.R. was lodged against the appellant under Sections 452, 352, 354, 504, 506 IPC and Section 3 (2) (5A) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 after three days of the incident without any plausible explanation for delay in lodging the F.I.R. and when the statement of the victim was recorded under Section 161 Cr.P.C. then on the basis of due consultation and deliberation victim has stated that rape was committed upon her only on the basis of this statement, the case was converted under Section 376 I.P.C. and further submitted that statement of the victim was also not recorded by the Investigating Officer under Section 164 Cr.P.C. It is also submitted that during medical examination, no external injury or forceful sign was found on the body of the victim. The appellant is in jail since 05.10.2020 and he has no criminal history. Learned counsel for the applicant has further submitted that if the applicant is released on bail, he would not misuse liberty of bail and is ready to co-operate in the trial.
Learned A.G.A. for the State vehemently opposed the prayer for bail and has submitted that there is no illegality in the impugned order, hence the applicant is not entitled for bail and the bail application is liable to be rejected.
After hearing the rival submissions of the parties, and perused the record, without expressing any opinion on merits, I find that it is a fit case for grant of bail of appellant/applicant.
Impugned order dated 22.10.2020 is hereby set aside.
The appeal is hereby allowed.
Let appellant Ankit be enlarged on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(i) The applicant shall not tamper with the evidence of witnesses and shall not commit any offence.
(ii) The applicant 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.
(iii) The applicant 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.
(iv) In case, the applicant 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.
(v) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 26.8.2021 sks