Court No. - 71
Case :- CRIMINAL APPEAL No. - 702 of 2019 Appellant :- Aslam Respondent :- State Of U.P. And Another Counsel for Appellant :- Sunil Kumar Srivastava Counsel for Respondent :- G.A.,Pankaj Kumar Tyagi Hon'ble Ajit Singh,J.
Rejoinder affidavit filed on behalf of appellant in the Court today is taken on record.
Heard learned counsel for the appellant, Sri Pankaj Kumar, learned counsel appearing on behalf of complainant, learned A.G.A. for the State and perused the material on record.
This criminal appeal under Section 14 A(2) of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed challenging the order dated 10.1.2019 passed by the Addl. Sessions Judge Room no. 2/Special Judge SC/ST Act, Saharanpur in Second Bail Application no.108 of 2019, arising out of Case Crime no. 256 of 2018, under Sections 376, 302, 120B I.P.C. and Section 3(2)5 SC/ST Act, P.S. Sarsawa, district-Saharanpur, seeking bail in the aforesaid sections.
Learned counsel for the appellant submitted that the first information report was lodged on 7.7.2018, alleging therein that complainant's wife Munesh had gone to the field, to attend the natural call on 6.7.2018. It has been further alleged in the FIR that in the night Aslam his sarvent Kallu and Ibrahim were irrigating in their fields. They caught hold her and committed rape with her and murdered her. When search was conducted, she was found dead in the field of Aslam. He next submitted that the implication of the appellant in the present case is based upon circumstantial evidence. Nobody had seen the appellant committing the murder of the deceased. He also submitted that he has been made accused in this case on the basis of statement of witnesses Raj Kumar and Mange Ram, which was recorded on 29.7.2018 after 23 days of the incident. He further submitted that the appellant is absolutely innocent and has been falsely implicated in the present case due to village party bandi. He lastly submitted that the appellant, who is in jail since 8.7.2018 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
Per contra learned A.G.A. as well as learned counsel for the complainant have opposed the prayer for bail.
Without commenting on the merits of the case, considering the facts and circumstances of the case, nature of offence, manner in which offence has been committed, I am of the view that the bail application filed before the court below deserves to be allowed. It is ordered accordingly.
In the result, the appeal succeeds and the same stands allowed. Impugned order dated 10.1.2019 passed by the Addl. Sessions Judge Room no. 2/Special Judge SC/ST Act, Saharanpur is hereby set aside.
Let the applicant-appellant, Aslam be released on bail in the aforesaid case crime number on his executing a personal bond and furnishing two reliable sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 26.4.2019 Faridul