Court No. - 64
Case :- CRIMINAL APPEAL No. - 5798 of 2021 Appellant :- Budhraj @ Shivsharan Respondent :- State of U.P. and Another Counsel for Appellant :- Shyam Sunder Mishra Counsel for Respondent :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Though service report is awaited, upon query made, learned AGA states, written instructions has been received, amongst other, as to service effected on respondent no.2 on 11.12.2021 of the present bail application. None has appeared on her behalf. Accordingly the matter has been proceeded on merits.
2. Heard Sri Shyam Sunder Mishra, learned counsel for the appellant and Sri Ankit Srivastava, 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 25.11.2021, passed by Special Judge S.C./S.T. (Prevention of Atrocity) Act/Additional Sessions Judge, Fatehpur, in Case Crime No. 25 of 2018, under Sections - 376D I.P.C. and Section 3(2)5 S.C./S.T. (PA) Act, Police Station - Khaga, District - Fatehpur, whereby bail application of the appellant has been rejected.
4. At the outset, learned counsel for the appellant submits, against the FIR lodged on 15.2.2018, the appellant is in confinement since 12.11.2021. Delay has been explained on account of lack of statement of the victim; the appellant claims to have cooperated in the investigation; the appellant has no criminal history; the appellant has been summoned upon protest petition; on prima facie basis, for the purpose of grant of bail, it has been submitted, though the FIR allegations exist, at the same time, despite lapse of long time, the victim never got herself examined under Section 164 Cr.P.C. Also, her statement could not be recorded under Section 161 Cr.P.C. on account of non-cooperation by informant's family. The victim is stated to be of 19 years of age. There is no injury report. 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, 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 be enlarged on bail at this stage.
8. Accordingly, this appeal is allowed and the impugned order dated 25.11.2021, rejecting the bail of the appellant is set aside.
9. Let the accused-appellant, namely, Budhraj @ Shivsharan, 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