Heard learned Counsel for the appellant-applicant, learned AGA and perused the record.
This Criminal appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant- Chhotey Parihar @ Chhutkoo @ Devendra Singh with the prayer to set aside the bail rejection order dated 09.10.2020 passed by learned Special Judge (SC/ST Act), Kanpur Nagar in Bail Application No. 2809 of 2020 in Case Crime No. 205 of 2020, under Section 376 I.P.C. and Section 3(2)(V) SC/ST Act, P.S.- Sachendi, District- Kanpur Nagar.
As per the allegations made in the first information report, the daughter of informant who is aged about 16 years namely the victim, had gone to the field to collect fodder that she was caught by the appellant who thereupon forced her down and committed rape upon her.
It has been submitted by learned Counsel for the appellant-applicant that the appellant is quite innocent and has been falsely implicated for ulterior motives. It is also argued that she is a consenting party and appellant has been falsely implicated in the case. She is otherwise having relation with the appellant and the present FIR has been lodged under pressure. He submits that there is no mark of injury on any part of her body to support the version of FIR. It is also submitted that her statement under Section 164 Cr.P.C. clearly varies from the statement recorded under Section 161 Cr.P.C. It is also submitted that in the medical examination report, her age has come to be assessed as 20 years and therefore, she is major. It is further argued by the learned counsel that the applicant has no criminal history to his credit and further that in the wake of heavy pendency of cases in the Court, there is no chance of early conclusion of the trial. The applicant is languishing in jail since 25.09.2020.
Though the appeal has been opposed vehemently by the learned A.G.A. but he could not dispute the aforesaid facts.
I have considered the rival submissions so made and having gone through the entire record including the order by which, bail application of the appellant-applicant has been rejected, impugned herein this appeal.
Nothing convincing has been argued on behalf of the State so as to justify and sustain the order passed by the court below rejecting the bail application of the appellant.
Thus, in view of the above and having regard to the facts and circumstances of the case and keeping in view the evidence, complicity of accused, I am of the view that the appellant has made out a case for bail.
Accordingly, this appeal is allowed and the impugned order dated 09.10.2020 rejecting the bail of the appellant is set aside.
Let the above named accused-appellant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of Court concerned subject to the condition that applicant shall cooperate in the trial and will not jump the bail.
The concerned Court/Authority/Official is further directed to verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 12.2.2021 IrfanUddin