Court No. - 64
Case :- CRIMINAL APPEAL No. - 4132 of 2021 Appellant :- Golu @ Deepu Respondent :- State of U.P. and Another Counsel for Appellant :- Shekhar Gangal Counsel for Respondent :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. List has been revised. Despite service of notice on opposite party no. 2, none has appeared on his behalf to oppose the bail appeal. Accordingly, the appeal has been proceeded on merits.
2. Heard Sri Shekhar Gangal, learned counsel for the appellant; Sri Ashwani Prakash Tripathi, 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 21.8.2021, passed by learned Special Judge S.C./S.T. (Prevention of Atrocities) Act, Aligarh, in Case Crime No. 121 of 2021, under Sections - 376D, 323, 504, 506 I.P.C. and Section 3(2)5 S.C./S.T.
(Prevention of Atrocities) Act, Police Station - Jawan, District - Aligarh, whereby bail application of the appellant has been rejected.
4. At the outset, learned counsel for the appellant submits, against the FIR lodged on 27.3.2021, the appellant is in confinement since 20.7.2021; the appellant claims to have cooperated in the investigation. In any case he 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 though the FIR was lodged with an unexplained delay of more than four months, in the body of the FIR allegation was made of rape having been continuously committed since more than one and half years ago, still the FIR was not preceded by any earlier complaint; then it has been submitted that the real dispute between the parties is with respect to another matter which has been falsely given the colour of present criminal prosecution; other than the inconsistent stand of the informant as contained in the FIR and the statements recorded during investigation, there is no material to support the prosecution story. 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 21.8.2021, rejecting the bail of the appellant is set aside.
9. Let the accused-appellant, namely, Golu @ Deepu, involved in the aforesaid crime be released on bail on his furnishing personal bonds and two heavy 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