Court No. - 71
Case :- CRIMINAL APPEAL No. - 2189 of 2019 Appellant :- Smt. Durga Respondent :- State Of U.P. And Another Counsel for Appellant :- Yogendra Pal Singh Counsel for Respondent :- G.A.
Hon'ble Ajit Singh,J.
Heard Sri Yogendra Pal Singh, learned counsel for the appellant-applicant and 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 16.01.2019 passed by Additional Sessions Judge 2nd/Special Judge, SC/ST Act, Meerut in Bail Application No. 259 of 2019 and 648 of 2019, arising out of Case Crime No. 1265 of 2018, under Sections 366, 344, 506 I.P.C. and 3(2)(V) SC/ST (Prevention of Atrocities) Act, 1989, P.S. Kankarkhera, District Meerut, seeking bail in the aforesaid sections.
Learned counsel for the accused/appellant submitted that applicant is a married women. Learned counsel for the applicant submits that the victim is said to have relation with the present accused, and it has been alleged that the present accused has no role for carrying away to the victim.
Learned counsel for the appellant has been further submitted that the main role has been assigned to the husband of the present accused Smt. Durga, and he has further submitted that nothing has been said by the victim against the present accused.
Learned counsel for the applicant submits that the statement of the victim under Section 161 Cr.P.C. or 164 Cr.P.C. was recorded, in which, she has stated that the husband of the present accused had carried away the victim and she had no role in kidnapping or abduction.
Learned counsel has lastly submitted that the applicant is in jail since 02.01.2019.
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 appellant-applicant Smt. Durga 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