Court No. - 71
Case :- CRIMINAL APPEAL No. - 7623 of 2018 Appellant :- Chintoo @ Neeraj Respondent :- State Of U.P. And Anr.
Counsel for Appellant :- Hemendra Pratap Singh,Dharmendra Pratap Singh Counsel for Respondent :- G.A.
Hon'ble Ajit Singh,J.
Rejoinder affidavit filed today is taken on record.
Heard learned counsel for the appellant-applicant, learned counsel for the opposite party no.2 and learned A.G.A. for the State. Perused the record.
This criminal appeal under Section 14 A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed challenging the order dated 5.07.2018 passed by Additional Session Judge Court No. 5, Aligarh in Bail Application No. 3079 of 2018, arising out of Case crime No. 68 of 2018 under Sections 376 I.P.C. and 3/4 POCSO Act, and 3(2)(V) SC/ST (Prevention of Atrocities) Act, 1989, P.S. Vijaigarh, District Aligarh, seeking bail in the aforesaid sections.
Learned counsel for the accused/appellant submitted that the applicant has been falsely implicated due to village party bandi. Learned counsel for the appellant has further submitted that the alleged incident is stated to have taken place on 16.05.2018 at 21:00 hours to 1:00 hours and to this effect FIR was lodged on the next day on 17.05.2018 at 21:5 hours, when distance of police station is 1 km. from the alleged place of occurrence.
Learned counsel has next submitted that medical report shows that no redness, no tenderness, no signs of recent use of force on the victim.
Learned counsel has further submitted that the statement under Section 164 Cr.P.C. was recorded on 30.05.2018 after about 15 days of the incident , in which, she has stated that she has caught hold by one Tinkoo who has taken her to the toilet and committed rape with the victim thereafter, she has raised the voice after which the accused Tinkoo was caught hold by the public, on the other hand, as per statement of the victim, the accused was arrested at the time of incident, but as per arrest memo the accused Chintu @ Neeraj was arrested on 19.05.2018 at 10:30. Learned counsel has further submitted that the appellant is in jail since 19.05.2018.
Per contra, learned A.G.A., for the State has vehemently opposed the prayer for bail.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the appeal is allowed and the aforementioned order is hereby set aside.
Let the appellants-applicants Chintoo @ Neeraj be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned.
Order Date :- 30.4.2019 M. ARIF