Counter affidavit filed today on behalf of the State is taken on record.
Heard learned counsel for the parties and peruse the records.
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 7th September, 2020 passed by Special Judge, SC/ ST (Prevention of Atrocities) Act, Agra in Bail Application No.- 2280 of 2020 (Koka @ Kok vs. State of U.P.) arising out of Case Crime No.- 112 of 2020 under Section 376 I.P.C. and Sections 3(2)(5) of SC/ST (Prevention of Atrocities) Act, Police Station- Sainya, District- Agra.
As per the allegations made in the first information report it was on 19th July, 2020 at around 10:00 am in the morning when the informant had gone inside the room to take out the cattle fodder stored in the room, she was caught from behind by the accused applicant and, thereafter, he committed rape upon her.
Learned counsel for the appellant has argued that it is because of village politics the appellant has come to be implicated in the present case inasmuch as the informant was aged about 20 years and was major. It is further argued that in her statement recorded under Section 164 Cr.P.C., she has not stated to have resisted the appellant at any point of time when she was allegedly being sexually assaulted. It is next submitted that medical examination also does not corroborate the theory of rape at all as no injury was found on her body parts. It is also submitted that there is no criminal history to the credit of the appellant. 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 19th August, 2020.
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 7th September, 2020 rejecting the bail of the appellant is set aside.
Let the accused-appellant, namely, Koka @ Kok Singh 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.
The concerned Court/ Authority/ Official is further directed to verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 3.2.2021 Atmesh