Court No. - 88
Case :- CRIMINAL APPEAL No. - 2459 of 2020 Appellant :- Deepu @ Deepak And Another Respondent :- State of U.P. and Another Counsel for Appellant :- Upendra Upadhyay Counsel for Respondent :- G.A.,Ajay Kumar Vashistha
Hon'ble Ajit Kumar,J.
Heard Sri Upendra Upadhyay, learned Counsel for the appellants-applicants, Sri Ajay Kumar Vashistha, learned counsel for the complainant, learned AGA and perused the record.
This Criminal appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellants- Deepu @ Deepak and Ravi with the prayer to set aside the bail rejection order dated 31.08.2020 passed by learned Special Judge (SC/ST Act), Etah in Bail Application No. 1044 of 2020 in Case Crime No. 313 of 2020 under Section 363 I.P.C. and Section 3(2)(Va) SC/ST Act, P.S.- Jaithara, District- Etah.
As per the first information report allegations, the girl was alleged to have been abducted by the applicants, however, as per recovery memo, the very next day the recovery has been made and accused applicants were arrested from the spot.
It has been submitted by learned Counsel for the appellants- applicants that there is no question of abduction in the manner in which the statement has come to be recorded under Section 164 Cr.P.C, inasmuch as, there is quite difference in the statement under Section 164 Cr.P.C. where the girl states to have been left alone by the two applicants who have gone, from the recovery memo that shows that the applicants were arrested from the spot itself and the girl was recovered from their custody. It is further argued by learned counsel for the applicants that there is no sign of injury on the body of girl and the statements under Section 161 Cr.P.C. has also come up to this effect that she was knowing the applicants for quite sometime. It is further argued by the learned counsel that in the wake of heavy pendency of cases in the Court, there is no chance of any early conclusion of trial. The applicants are languishing in jail since 11.07.2020.
Though the appeal has been opposed vehemently by the learned A.G.A. as well as learned counsel for the complainant but they 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 appellants-applicants has been rejected, impugned herein this appeal 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 appellants have made out a case for bail.
Accordingly, this appeal is allowed and the impugned order dated 31.08.2020 rejecting the bail of the appellants is set aside.
Let the above named accused-appellants involved in the aforesaid crime be released on bail on their furnishing a personal bond and two sureties each of the like amount to the satisfaction of Court concerned subject to the condition that applicants 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 :- 5.1.2021 IrfanUddin