Court No. - 71
Case :- CRIMINAL APPEAL No. - 3933 of 2019 Appellant :- Jugendra Respondent :- State Of U.P. And Anr. Counsel for Appellant :- Lalit Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the appellant, learned A.G.A. for the State and perused the record.
The present criminal appeal has been filed U/s 14(A)(2) of S.C./S.T. Act against the order dated 9.5.2019 passed by Special Judge, S.C./S.T. Act, Mathura in case crime No. 285 of 2019, under section 376 I.P.C. and 3(2) (5) S.C./S.T. Act.
P.S. Vrindavan, District Mathura by which the bail application of the applicant in the aforesaid case crime has been rejected vide order dated 9.5.2019.
In para 3 of the counter affidavit filed by Circle Officer, Goverdhan, Mathura it has been stated that notice regarding pendency of present criminal appeal has been served upon O.P. No.2 but despite service of notice none appears on his behalf.
Learned counsel for the accused-appellant has submitted that the appellant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the appellant has next submitted that the victim is a married lady and the appellant and the victim are working as labourers.
Learned counsel for the appellant has next submitted that as per the prosecution story, it is alleged that on 1.4.2019 in the mid night, the victim had gone with the appellant for carrying out job of painting which does not stand to reason at all. In fact an amount of Rs. 50,000/- was due upon the victim and when the appellant insisted for the payment of the said money then the appellant has been falsely implicated in the present case by cooking up a concocted story.
Learned counsel for the appellant has next submitted that the medical report also does not support the prosecution story. Learned counsel for the appellant has next submitted that the appellant is in jail since 4.4.2019 and in case he is released on bail he will not misuse the liberty of bail and will cooperate in trial by all means and the appellant has no criminal history to his credit.
Per contra, learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, I find that the court below has acted wrongly in rejecting the bail application and the impugned order dated 9.5.2019 is liable to be set-aside and appeal is liable to be allowed.
The appeal is allowed. The impugned order dated 9.5.2019 passed by Special Judge (SC/ST Act), Mathura, is set-aside and the bail application of appellant stands allowed.
Let the appellant, Jugendra be released on bail in case crime No. 285 of 2019, under section 376 I.P.C. and 3(2) (5) S.C./S.T. Act. P.S. Vrindavan, District Mathura, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:-
(i) The appellant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The appellant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The appellant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the appellant to prison.
Order Date :- 31.7.2019 R