Heard Sri Surendra Mohan Mishra, learned counsel for the appellant-applicant, learned counsel for the respondent No.2 and learned Additional Government Advocate for the State respondent.
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 with the prayer to set aside the order dated 7th October, 2020 passed by Special Judge, SC/ ST Act, Siddharth Nagar in Bail Application No.- 881 of 2020 rejecting the bail application arising out of Case Crime No.- 60 of 2020 under Sections 366, 376, 504, 506 I.P.C. and Sections 3(2)(V), 3(2)(Va), 3(1)(da) of SC/ST (P. & A.) Act, Police Station- Bazar, District- Siddharth Nagar.
As per the allegations in the first information report the daughter of the informant was enticed away by the present applicant and in her statement recorded under Section 164 Cr.P.C. she has stated to have entered into a matrimonial knot in a mosque and thereafter she along with the applicant led their life as husband and wife.
It is argued by the learned counsel for the appellant that the applicant and the informant voluntarily entered into the matrimonial knot and led their life as husband and wife and now the informant has made statement under the pressure of her parents that she was forced to marry with the appellant. As per the medication examination report she is 18 years of age and there is no sign of injury on any part of the body of the informant to indicate that any sexual assault has been meted out to her per force. It is also argued that there is no previous criminal history to the credit of the appellant as he is an innocent person.
Learned Additional Government Advocate has though opposed the bail application of the applicant but could not dispute the aforesaid fact.
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 so as to justify and sustain the order passed by the court below rejecting the bail application of the appellant.
Thus, in view of the above 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 appellant has made out a case for bail.
Accordingly, this appeal is allowed and the impugned order dated 7th October, 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 :- 7.1.2021 Atmesh