Court No. - 64
Case :- CRIMINAL APPEAL No. - 5757 of 2021 Appellant :- Dhaniram @ Dhanni Respondent :- State of U.P. and Another Counsel for Appellant :- Ruksana Counsel for Respondent :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Though service report is awaited, upon query made Sri Janardan Prakash learned A.G.A. States that service of the present bail appeal has been effected on opposite party No. 2 on 07.12.2021. None has appeared on behalf of opposite party No. 2 to oppose the bail appeal. Accordingly the bail appeal has been proceeded on merits.
2. Heard Ms. Ruksana, learned counsel for the appellant; Sri Janardan Prakash, 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 02.11.2021, passed by learned Special Judge S.C./S.T. (Prevention of Atrocities) Act/ Additional Sessions Judge, Court No. 2 Mahoba, in Case Crime No. 19 of 2021, under Sections - 363, 366 I.P.C. and Section 3(2)(5Ka), 3(2)(5) S.C./S.T. (Prevention of Atrocities) Act, Police Station - Srinagar, District - Mahoba, whereby bail application of the appellant has been rejected.
4. At the outset, learned counsel for the appellant submits, against the FIR lodged on 30.1.2021, the appellant is in confinement since 03.10.2021; the appellant claims to have cooperated in the investigation. In any case she is not shown to have unduly evaded arrest; the appellant has no criminal history; chargesheet has already been submitted yet, trial has not commenced. Therefore, there is no hope of early conclusion of the trial; on prima facie basis, it has been submitted by learned counsel for the appellant that the alleged victim girl was more than 18 years of age on the date of occurrence and that she has materially diluted the prosecution allegations in her statement recorded during investigation. 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 & 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 02.11.202 , rejecting the bail of the appellant is set aside.
9. Let the accused-appellant, namely, Dhaniram @ Dhanni , involved in the aforesaid crime be released on bail on her 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 :- 20.12.2021 Faraz