Court No. - 71
Case :- CRIMINAL APPEAL No. - 2790 of 2019 Appellant :- Kamlesh Kumar Soni Respondent :- State Of U.P. And Another Counsel for Appellant :- Amit Mishra,Prakash Chandra Srivastava Counsel for Respondent :- G.A.
Hon'ble Ajit Singh,J.
Supplementary affidavit and short counter affidavit filed today are taken on record.
Heard learned counsel for the appellant-applicant, learned counsel for the opposite party and learned A.G.A. for the State. Perused the record.
This criminal appeal under Section 14 A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed challenging the order dated 16.01.2019 passed by learned second Additional District and Sessions Judge, Jauunpur in Bail Application No. 214 of 2018, arising out of Case crime No. 196 of 2018, under Sections 376D I.P.C. and 3(2)(V) SC/ST (Prevention of Atrocities) Act, 1989, P.S. Meerganj, District Jaunpur, seeking bail in the aforesaid sections.
Learned counsel for the accused/appellant submitted that applicant is quite innocent and he has been falsely implicated with the other co-accused. Learned counsel for the applicant submits that this incident was reported after ten days of the incident.
Learned counsel for the applicant has next submitted that the applicant has no criminal history to his credit and he is in jail since 09.12.2018 and in case, he is released on bail, he will not misuse the liberty of bail.
Learned counsel for the applicant has further submitted that the victim has denied the prosecution story in her statement during trial, certified copy is annexed as Annexure No. 1 to the supplementary affidavit. In her statement during trial she has said that no rape was committed against her.
Per contra, learned A.G.A., for the State has vehemently opposed the prayer for bail but does not dispute the factum of the parity.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the appeal is allowed and the aforementioned order is hereby set aside.
Let the appellant-applicant Kamlesh Kumar Soni be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned.
Order Date :- 29.4.2019 M. ARIF