Court No. - 50
Case :- CRIMINAL APPEAL No. - 3285 of 2020 Appellant :- Ashif @ Ashiq Respondent :- State of U.P. and Another Counsel for Appellant :- Ken Singh,Anil Kumar Singh Bishen,Avanish Kumar Shukla,Mithilesh Kumar Shukla,Shashi Dhar Pandey Counsel for Respondent :- G.A.,Devi Dayal
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the appellant, learned A.G.A. for the State and perused the material available on record.
This Criminal Appeal under Section 14-A (2) of SC/ST Act as Amended, has been preferred by the appellant with the prayer to set aside the order dated 03.11.2020 passed by Special Judge SC/ST (Prevention of Atrocities) Amendment Act, Agra, in Case Crime No.439 of 2020, under Sections 376, 506 I.P.C. and 3(2)V SC/ST (P.A.) Act, P.S. Shahganj, District Agra.
Contention, in brief, is that in this case, prosecutrix in order to extract money has levelled false allegations in the first information report which cannot be believed in view of fact that the incident of rape had its genesis in some video clipping allegedly taken by the applicant while the prosecutrix was taking bath in the bathroom. On account of that video clipping, the applicant blackmailed the prosecutrix and committed rape upon her for a period of one and half year but no report was lodged in the intervening period. As the per allegations, on 17.08.2020 the applicant called the prosecutrix to come at Rui Ki Mandi on the pretext of deleting the contents of the video clipping. Thereafter, the applicant took her away to Bhiwandi and kept her with him for about 36 days where he committed rape upon the prosecutrix but she did not lodge the first information report. After returning, she lodged the first information report on 23.09.2020. Can such a version be believed when no video clipping has been brought on record and in absence of any video clipping, the entire prosecution story falls flat. There is no medical examination report of the prosecutrix so as to corroborate the allegations that she was pressurized by the applicant while he committed the offence in question. 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 23.09.2020.
Learned A.G.A. has vehemently opposed the prayer for 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 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 03.11.2020, rejecting the bail of the appellant is set aside.
Let the accused-appellant Ashif @ Ashiq involved in the aforesaid case crime number for the aforesaid offences 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 :- 29.10.2021 rkg