Court No. - 50
Case :- CRIMINAL APPEAL No. - 2735 of 2021 Appellant :- Ashish Kumar Yadav Respondent :- State of U.P. and Another Counsel for Appellant :- Mansoor Ahmad,Shadab Beg Counsel for Respondent :- G.A.,Aradhana Singh
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the appellant, Ms. Aradhana Singh, learned counsel for the informant, learned Additional Government Advocate for the State 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 with the prayer to set aside the order dated 25.06.2021 passed by Special Judge SC/ST Act, District Jaunpur in case crime no.87 of 2021, under Sections 376, 504, 506, 406 IPC and Section 3(1) Da, 3(1) Dha, 3(2)5 SC/ST Act, Police Station Line Bazar, District Jaunpur.
Learned counsel for the appellant has submitted that in order to malafide intention complainant- Manisha Devi moved an application u/s 156(3) Cr.P.C. regarding the alleged offence of molestation with background that applicant managed the videography of victim, threaten her and was trying to blackmail her. He further submits that the appellant is a major lady aged about 45 years and married lady. He added that the husband of the prosecutrix has taken money (Rs.20,000/-) from one Mehilal Saroj of village and on demand for payment of the aforesaid money from the husband of the prosecutrix, a false and fabricated application moved under Section 156(3) Cr.P.C. Appellant has no motive to commit the offence in question. There is no independent witness to the fact of maltreatment. The appellant has no criminal history in the present case. It is further submitted that in the wake of heavy pendency of cases in the Court, there is no chance of any early conclusion of trial.
Ms. Aradhana Singh, learned counsel for the informant has claimed that in this case nature of the husband of the victim is very sober and it being so the appellant took advantage of he being neighbour of the victim somehow secretly prepared the video and on the basis of videography he committed physically harassment of the victim. He conceded that the video recording in question is not available on record.
Sri Learned Additional Government Advocate has though opposed the bail of the appellant but could not dispute the fact.
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 25.06.2021 rejecting the bail of the appellant is set aside.
Let the accused-appellant, namely, Ashish Kumar Yadav 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 following conditions:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. He will cooperate in the trial bonafidely without seeking adjournments.
3. He shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. The appellant shall not leave the district concerned without obtaining written permission from the court/police station concerned.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
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 :- 26.10.2021 Raj