Court No. - 88
Case :- CRIMINAL APPEAL No. - 2982 of 2020 Appellant :- Anuj Pal Respondent :- State Of U.P. And Another Counsel for Appellant :- Shailendra Kumar Gupta,Kameshwar Singh Counsel for Respondent :- G.A.,Ram Raksha Tiwari
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the appellant, learned counsel for the informant, learned A.G.A. for the State and perused the material available on record.
This Criminal Appeal under Section 14-(A)(2) of S.C. & S.T. (Prevention of Atrocities) Act, 1989 has been preferred by the appellant with the prayer to set aside the order dated 05.10.2020 passed by Special Judge (SC/ST Act)/Additional Sessions Judge, Banda in case crime no.431 of 2020, under SEctions 376, 504, 506 IPC and Sections 3(2)5 of the SC/ST Act, P.S. Kotwali Nagar, District Banda.
Contention is that the relationship in fact existed on consensus basis and a consensual existed, whereby both entered into physical relationship and to say that any rape was committed is absolutely false. No promise was ever extended for marriage. The accusation is on account of some misunderstanding and village partybandi. In case, the appellant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The appellant has no criminal history and is languishing in jail since 14.08.2020.
Learned counsel for the informant and learned A.G.A. have vehemently opposed the bail of the appellant.
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 05.10.2020, rejecting the bail of the appellant is set aside.
Let the accused-appellant, namely, Anuj Pal 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 :- 6.4.2021 Raj