Court No. - 53
Case :- CRIMINAL APPEAL No. - 7624 of 2018 Appellant :- Badam Singh Respondent :- State Of U.P. And Another Counsel for Appellant :- Abhishek Mayank Counsel for Respondent :- G.A.
Hon'ble Ghandikota Sri Devi,J.
It has been submitted by learned A.G.A. that the notice upon opposite party no.2 was served on 6.1.2019 through her father- in-law in presence of the witnesses. It was informed by father- in-law of the respondent no.2 that they have called her from their mobile phone and informed her about filing of the present appeal.
Heard learned counsel for the appellant and learned A.G.A. for the State. However, none appears on behalf of the respondent no.2.
Perused the record.
This Criminal Appeal under section 14-A(2) of the Schedule Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed on behalf of the appellant challenging the order dated 23.8.2018 passed by the Additional Sessions Judge/ Special Judge (SC/ST) Act, Bareily in Bail Application No.3019 of 2018 (Badam Singh vs. State of U.P.), in Case Crime No.88/2018 P.S. Aliganj, District Bareily under sections 342, 354B, 120B, 376D, 120B I.P.C. and Section 3(2)V, 3(1)W SC/SC Act, whereby the learned trial court by impugned order has rejected the bail application filed by the applicant/appellant. The present appeal has been preferred by the appellant seeking bail in the aforesaid sections.
It is contended by learned counsel for the appellant that according to the prosecution story, the prosecutrix/informant on 12.6.2018 lodged the First Information Report at Police Station Aliganj, alleging therein that on 10.6.2018 she was annoyed with her husband and going to her maternal house. On the way the co-accused Omwati met her and she stopped the prosecutrix and took the informant to her house. The co-accused Omwati also called the appellant/applicant. They talked for sometime and thereafter the appellant and co-accused in the night at 8 O'clock taken the prosecutrix on the motorcycle towards jungle and co-accused Mohan Lal with bad intention to outrage her modesty, pointed knife on her neck and the present appellant attempted to open her petticoat. The prosecutrix while screaming ran away and entered into the house of one Tekchand. The said incident was reported by the prosecutrix herself after two days of the incident. It is contended by learned counsel for the appellant that the statement of the prosecutrix under section 161 Cr.P.C. was recorded on 13.6.2018 in which she has repeated the same as narrated in the First Information Report. It is further contended that the statement of the prosecutrix under section 164 Cr.P.C. was recorded on 11.7.2018 in which for the first time she has levelled allegation of rape against the present appellant for which applicant/appellant was sent to jail on 9.8.2018. It further contended that the appellant has been falsely implicated in the present case. The applicant/appellant has not committed any offence whatsoever as alleged by the prosecutrix either in the First Information Report or in her statement under section 164 Cr.P.C. The appellant is not having any criminal antecedents and he is in jail since 9.8.2018. The charge sheet in the aforesaid case has already been submitted.
Per contra, learned A.G.A. contended that there is no infirmity in the impugned order passed by the trial court.
After hearing learned counsel for the parties and on perusal of the record, without commenting on the merits of the case, considering the facts and circumstances of the case, looking into the severity of the punishment and involvement of the accused, I am of the view that the impugned order dated 23.8.2018 passed by the Additional Sessions Judge/ Special Judge(SC/ST) Act, Bareily is liable to be set aside.
Accordingly the impugned order dated 23.8.2018 passed by the Additional District & Sessions Judge/ Special Judge(SC/ST) Act, Bareily is hereby set aside.
The Present Criminal Appeal deserves to be allowed and accordingly the same is allowed.
Let the appellant Badam Singh , be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 26.2.2019 Rk