Court No. - 71
Case :- CRIMINAL APPEAL No. - 4753 of 2019 Appellant :- Deepu @ Deepak Respondent :- State Of U.P. And Another Counsel for Appellant :- Sanjay Kumar Dwivedi Counsel for Respondent :- G.A.,Arvind Kumar Verma,Siya Ram Verma
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the appellant, Sri Arvind Kumar Verma, learned counsel for the first informant, learned A.G.A. for the State and perused the record.
This criminal appeal under Section 14-A(2) of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed challenging the order dated 18.6.2019 passed by Special Judge, SC/ST Act, Mathura in Bail Application no. 1467 of 2019 (Deepu @ Deepak vs. State of U.P.), arising out of Case Crime no.74 of 2019, under Sections 363, 366, 354 I.P.C. and Section 3(2)V of SC/ST Act, P.S. Baldev, District- Mathura, seeking bail in the aforesaid sections.
Learned counsel for the appellant has submitted that the appellant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the appellant has next drawn the attention of the Court towards the medical examination of the victim where she has been found to be 18 years of age and is a major. Learned counsel for the appellant has next drawn the attention of the Court towards the statement of the victim recorded under Section 161 Cr.P.C. in which she has stated that the appellant had taken her away on a motor-cycle alongwith another boy whom she could not identify and thereafter the appellant is said to have kept her at her aunt's house where she stayed with him for two days and it is further stated that the appellant has not committed any indecent act with her and thereafter the appellant is said to have dropped the victim at her house. Learned counsel for the appellant has next drawn the attention of the Court towards the statement of the victim recorded under Section 164 Cr.P.C. in which it has been alleged that the appellant also made physical relation with her, however this fact is in sharp contradiction to her statement recorded under Section 161 Cr.P.C. in which she has categorically stated that no indecent act was committed with her and appellant had left her at her home. Learned counsel for the appellant has next submitted that in view of the aforesaid fact, prima facie a case for bail is made out Lastly, it is submitted that appellant is in jail since 27.4.2019 and he has no criminal history to his credit and there is no chance of appellant fleeing away from the judicial process or tampering with the witnesses.
Per contra, learned A.G.A. as well as learned counsel for the first informant have opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the victim is major girl and in her statement recorded under Section 161 Cr.P.C. there is absolutely no allegation that the appellant made physical relationship with her.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, the appeal has substance. Accordingly, the appeal is allowed.
The impugned order dated 18.6.2019 passed by Special Judge, SC/ST Act, Mathura, is set-aside and the bail application of appellant stands allowed.
Let the appellant Deepu @ Deepak be released on bail in Case Crime no.74 of 2019, under Sections 363, 366, 354 I.P.C. and Section 3(2)V of SC/ST Act, P.S. Baldev, District- Mathura, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:-
(i) The appellant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The appellant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The appellant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the appellant to prison.
Order Date :- 26.9.2019 KU