Court No. - 50
Case :- CRIMINAL APPEAL No. - 3081 of 2021 Appellant :- Gulasib Respondent :- State of U.P.
Counsel for Appellant :- Atul Kumar Counsel for Respondent :- G.A.,Brahma Kumar Tiwari
Hon'ble Arvind Kumar Mishra-I,J.
Heard Atul Kumar, learned counsel for the applicant, Smt. Renu Pandey holding brief of Sri Brahma Kumar Tiwari, learned counsel for the informant and the learned A.G.A. for the State.
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 09.07.2021 passed by Special Special Judge SC/ST Act, Muzaffar Nagar in case crime no.196 of 2021, under Sections 366, 376, 506 IPC and under Section 3(1) (12), 3(2)5 The Scheduled Caste and The Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, Police Station Bhopa, district Muzaffar Nagar.
Upon consideration of various aspects of this case and the averments made in the first information report obviously after investigation the name of the one of the co- accused was removed and the only applicant remains in the present case. In so far as the prosecution story is concerned, it is obvious and admitted case that the prosecutrix is major and she on her own free- will infact has accompanied the applicant for which she under pressure of her guardian and family members is not telling the truth, otherwise how is it possible that prosecutrix was kidnapped/abducted on a motorcycle taken from Muzaffar Nagar upto district Bijnor and all through she did not raise any voice and within a span of three days she did not protest which contention cannot be easily explained merely on ground of threat being extended by the applicant. Infact, the applicant and the prosecutrix were in love affairs. In case, the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 13.06.2021 in the present case.
Per contra, Smt. Renu Pandey holding brief of Sri Brahma Kumar Tiwari, learned counsel for the informant vehemently oppose the prayer for bail of the applicant and submitted that as per the statement of the prosecutrix obviously she was kidnapped and she was forcibly raped after she was taken over to District Bijnor. The prosecutrix belongs to Scheduled Caste community and that way her voice was suppressed.
The learned A.G.A. has vehemently opposed the prayer.
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 09.07.2021 rejecting the bail of the appellant is set aside.
Let the appellant- Gulasib involved in case crime no.196 of 2021, under Sections 366, 376, 506 IPC and under Section 3(1)(12), 3(2)5 The Scheduled Caste and The Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, Police Station Bhopa, district Muzaffar Nagar be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned following conditions that :-
1. The appellant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. He will cooperate in the trial bonafidely without seeking adjournments.
3. He shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 28.10.2021 Raj Digitally signed by ARVIND KUMAR MISHRA Date: 2021.10.30 14:29:32 IST Reason: Document Owner Location: High Court of Judicature at Allahabad