Court No. - 29
Case :- CRIMINAL APPEAL No. - 3406 of 2018 Appellant :- Kallu Respondent :- State of U.P. and Another Counsel for Appellant :- Dileep Singh Yadav,Uttam Kumar,Yadavendra Dwivedi Counsel for Respondent :- G.A.
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice
Service has been affected but none appears on behalf of the respondent no. 2.
Heard learned counsel for the appellant and Ms. Meena, learned AGA for the respondent-State.
This appeal is against the order dated 25th May, 2018, whereby the bail application of the appellant was dismissed. It is a case where FIR No. 761 of 2017 was registered for the offence under Sections 363, 366 and 376 IPC read with Section 3/4 Protection of Children from Sexual Offences Act, 2012 and Section 3(2) (5A) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Tirwa, District Kannauj.
Learned counsel for the appellant submits that the name of the appellant was not disclosed in the FIR and otherwise as per the statement of the prosecutrix herself she remained with the appellant for nearly 20 days and thereupon travelled to other places also but never raised voice in public travelling about commission of an offence under Section-376 IPC. The statement under Section 164 Cr.P.C. shows a conversation between prosecutrix and appellant on mobile thus, they were knowing each other but in other part of the statement, she denied any relation with the appellant. The statement is self contradictory and otherwise appellant is behind the bars for the last three and a half years and trial is yet to be completed.
Learned AGA has contested the bail application however, admitted that the medical report is not adverse to the appellant.
Considering the facts on the record, I find a case for grant of bail to the appellant. Any comment on merit at this stage may affect either of the parties during the course of trial thus, I am not making any observation. Finding a case for bail, the order dated 25th May, 2018 is set aside with acceptance of appeal.
Let the appellant Kallu be released on bail on his executing personal bond and furnishing two sureties of Rs. 25,000/- each to the satisfaction of the court concerned, in Bail Application No. 42 of 2018 arising out of Case Crime No. No. 761 of 2017 under Sections 363, 366 and 376 IPC read with Section 3/4 Protection of Children from Sexual Offences Act, 2012 and Section 3(2)(5A) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Tirwa, District Kannauj, on the 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 :- 29.7.2021 VMA (Munishwar Nath Bhandari, A.C.J.)