Court No. - 64
Case :- CRIMINAL APPEAL No. - 5043 of 2021 Appellant :- Babloo Chauhan Respondent :- State of U.P. and Another Counsel for Appellant :- Rajesh Maurya Counsel for Respondent :- G.A.,Janardan Yadav
Hon'ble Saumitra Dayal Singh,J.
1. Heard Mr Rajesh Maurya, learned counsel for the appellant; Mr Ankit Srivastava, learned AGA for the State and; Ms Pooja, Advocate, holding brief of learned counsel for respondent no.2 and perused the material placed on record.
2. 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 12.10.2021, passed by Special Judge S.C./S.T. Act, Azamgarh, in Case Crime No. 81 of 2021, under Sections - 376-D, 506, 344 I.P.C. and Section 3(2)(5) of S.C./S.T. Act, Police Station - Raunapar, District - Azamgarh, whereby bail application of the appellant has been rejected.
3. At the outset, learned counsel for the appellant submits, against the FIR lodged on 12.5.2021, the appellant is in confinement since 1.10.2021; the appellant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest; the appellant has no criminal history; charge-sheet has already been submitted yet, trial has not commenced. Therefore, there is no hope of early conclusion of the trial; on prima facie basis, for the purpose of grant of bail, it has been submitted, the parties were in consensual relationship from before. Only on account of other disputes and the fact that the alleged victim girl was married elsewhere, false accusation has been made by her father. Reference has been made to the notary affidavit and statement of the independent witness to submit that the FIR allegations are false. Also, it has been submitted, the allegations of violation of SC/ST Act are general and made to lend colour to the story.
4. Learned A.G.A. has vehemently opposed the prayer for bail of the appellant.
5. 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, cannot be sustained.
6. 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 be enlarged on bail at this stage.
7. Accordingly, this appeal is allowed and the impugned order dated 12.10.2021, rejecting the bail of the appellant is set aside.
8. Let the accused-appellant, namely, Babloo Chauhan, 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 :- 23.12.2021 Prakhar