Court No. - 64
Case :- CRIMINAL APPEAL No. - 5690 of 2021 Appellant :- Awadesh Respondent :- State of U.P. and Another Counsel for Appellant :- Rajendra Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Upon query made, learned AGA states, notice of the present bail application has been served on respondent no.2 on 1.12.2021, however, none has appeared on his behalf. Accordingly, the matter has been proceeded on merits.
2. Heard Sri Rajendra Kumar Srivastava, learned counsel for the appellant (who has remained impatient during the course of hearing) and Sri Ashwini Prakash Tripathi, learned AGA for the State and perused the material placed on record.
3. This criminal appeal under Section 14-A(2) of The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant with the prayer to set aside the order dated 26.10.2021, passed by Special Judge S.C./S.T. Act, District Firozabad, in Case Crime No. 488 of 2013, under Sections - 363, 366, 376 I.P.C. and Section 3(2)V S.C./S.T. Act, Police Station - Rasoolpur, District - Firozabad, whereby bail application of the appellant has been rejected.
4. At the outset, learned counsel for the appellant submits, against the FIR lodged on 2.12.2013, the appellant is in confinement since 6.10.2021 upon order passed under Section 319 Cr.P.C.. On prima facie basis, it has been submitted by learned counsel for the submitted, though the victim had named the applicant in her statement recorded under Section 164 Cr.P.C., the applicant's name was expunged from the charge- sheet. Subsequently, upon statement of the victim recorded at the trial, the applicant has been summoned under Section 319 Cr.P.C. At any rate, it has been submitted, the co-accused Viri Singh and Amresh @ Karua have been granted bail by this Court in Criminal Misc. Bail Application Nos. 34594 of 2014 and 1487 of 2015, vide orders dated 3.11.2014 and 23.1.2015 respectively. Also, it has been submitted, the allegations of violation of SC/ST Act are general and made to lend colour to the story.
5. Learned A.G.A. has vehemently opposed the prayer for bail of the appellant.
6. Having heard learned counsel for the parties and having perused the record, at present, the order passed by the learned court below rejecting the bail application filed by the appellant/s, cannot be sustained.
7. Without drawing any inference as to facts, in view of the above noted facts and submissions and having regard to the status of the evidence, as has been shown to exist on record, let the appellant/s be enlarged on bail at this stage.
8. Accordingly, this appeal is allowed and the impugned order dated 26.10.2021, rejecting the bail of the appellant is set aside.
9. Let the accused-appellant, namely, Awadesh 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 :- 16.12.2021 Prakhar