Court No. - 50
Case :- CRIMINAL APPEAL No. - 3768 of 2021 Appellant :- Israr Khan Respondent :- State of U.P. and Another Counsel for Appellant :- Sharique Ahmed Counsel for Respondent :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the appellant, Sri P.K. Shukla, learned counsel for the informant, learned Additional Government Advocate for the State 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 with the prayer to set aside the order dated 29.06.2021 passed by Special Judge (S.C./S.T. Act), Kanpur Nagar, in Bail Application No.2144 of 2021 arising out of Case Crime No.0036 of 2021, under Sections 366 IPC and Section 3(2)(5) of SC/ST Act and Section 3/5 of U.P. Prohibition of Unlawful conversion of Religion Act, Police Station Govind Nagar, District Kanpur Nagar.
Learned counsel for the appellant has argued that the appellant is an innocent person and has been falsely implicated in the present case. He added that the prosecutrix and the appellant are major and the prosecutrix of her own free- will had accompanied the appellant. Now, the appellant wanted to marry the prosecutrix according to some other rituals that cause prejudiced to the prosecutrix and she out of grudge lodged the malicious FIR against the appellant and except that there is nothing concrete against the appellant. Victim was not medically examined by the doctor as she has not contacted any physical relation with the appellant. The appellant has no criminal history. Both the statement of the victim u/s 161 Cr.P.C. and u/s 164 Cr.P.C. are contradictory with each other. It is further submitted that in the wake of heavy pendency of cases in the Court, there is no chance of any early conclusion of trial. The appellant is languishing in jail since 14.02.2021.
Learned counsel for the informant and learned Additional Government Advocate has though opposed the bail of the appellant 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 29.06.2021 rejecting the bail of the appellant is set aside.
Let the accused-appellant, namely, Israr Khan 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.
Order Date :- 25.10.2021 Raj