Heard Sri Rajiv Lochan Shukla, learned Counsel for the appellant-applicant, Sri Dhanraj Singh Yadav, learned counsel for the complainant/informant, learned AGA and perused the record.
This Criminal appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant- Fayeem @ Fahim Ahmad with the prayer to set aside the order dated 2.7.2020 passed by learned Special Judge (SC/ST Act), Azamgarh in Bail Application No. 1453 of 2020 rejecting the bail application in Case Crime No. 7 of 2020 under Sections 376, 323, 504 I.P.C. and Section 3(2)(5) SC/ST Act, P.S.- Mahila Thana, District- Azamgarh.
Allegations in the first information report are that the complainant/informant was in relation with the present applicant for the last five years and the relationship got developed under the impression and upon the assurance of the applicant as is alleged in the FIR, that he would marry with the complainant/informant. However, later on they came to know that she was already married. It is further alleged that on a fateful day of 14.4.2020 for whole of the night she was physically tortured in the sense that she was beaten, her mobile phone was snatched and was thrown due to which it was broken into pieces.
It has been submitted by learned Counsel for the appellant-applicant that the appellant is quite innocent and has been falsely implicated for ulterior motives. It is further submitted that no such incident, as alleged in the FIR, ever took place. It is an admitted case of the informant, it is argued, that she was a consenting party and had voluntarily developed relations with the applicant. It is further argued that she had already instituted criminal proceedings by lodging an FIR on 17.4.2019 being Case Crime No.232 of 2019 under Sections 352, 504, 506, 307 IPC and Section 3(2)(Va) SC/ST Act against the father in law of the applicant and again another FIR was lodged on 7.11.2019 being Case Crime No.722 of 2019 under Sections 147, 323, 504, 506, 354, 394, 352 IPC against several persons including the wife of the applicant. It is further argued that in so far as the physical torture and indecent behaviour as is narrated in the FIR, does not stand corroborated from any of the statements recorded under Section 161 Cr.P.C. and Section 164 Cr.P.C. inasmuch as there is no injury report to corroborate the FIR version. It is also argued that the statements recorded under Sections 161 and 164 Cr.P.C. and the FIR version clearly vary. It is also argued that there is no criminal history to the credit of the applicant. It is also submitted that in the wake of heavy pendency of cases in the Court, there is no chance of any early conclusion of trial. The applicant is languishing in jail since 14.4.2020.
Per contra, the appeal has been opposed vehemently by the counsel for the complainant with the submission that the applicant has virtually duped the informant and tortured her physically as well as exploited her sexually in the name of marriage. However, he also could not dispute the fact that the statements recorded under Sections 161 and 164 Cr.P.C. are different from the FIR. Further, learned AGA also opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant/appellant.
I have considered the rival submissions so made and having gone through the entire record including the order by which, bail application of the appellant-applicant has been rejected, impugned herein this appeal. Nothing convincing has been argued on behalf of the complainant/State to justify and sustain the order of the court below rejecting the bail applications of the appellant.
Thus, in view of the above and keeping in view the evidence, complicity of accused, I am of the view that the appellant has made out a case for bail.
Accordingly, this appeal is allowed and the impugned order dated 2.7.2020 rejecting the bail of the appellant is set aside.
Let the above named accused-appellant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of Court concerned subject to the condition that applicant 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 :- 2.2.2021/Deepika