Heard learned counsel for the appellant, learned A.G.A. for the State and perused the material available on record.
This Criminal Appeal under Section 14-A(2) Scheduled Castes and Scheduled Tribes, Prevention of Atrocities Act) has been preferred by the appellant with the prayer to set aside the order dated 23.11.2020, passed by Special Judge, S.C./S.T. Act, Ghaziabad in Case Crime No. 1711 of 2020, under Sections - 323, 344, 376, 468, 506 I.P.C., Sec. 5 Immoral Traffic (Prevention) Act, 1956 and Section 3(1)(i), 3(2)(v) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act, 1989, Police Station- Sihani Gate, District - Ghaziabad.
Learned counsel for the applicant submits that appellant is innocent and has been falsely implicated in this case and he has not committed any offence. There is no clinching evidence that any rape was committed. There is no evidence that the victim was kept under confinement once for three months in hotel and thereafter for one year in some flat. During this period, no F.I.R. or complaint whatsoever was lodged by anyone, who was interested in the lady. The F.I.R. was lodged on 28.10.2020 after the victim was recovered on 15.10.2020. In fact, it so happened that the lady was in contact with the appellant and the appellant had given Rs. 60,000/- to her and when demand was raised for the money, a false case was set up against the appellant. In case, the appellant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The appellant has no criminal history and are languishing in jail since 28.10.2020.
Learned A.G.A. has vehemently opposed the prayer for bail of the appellant.
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 23.11.2020, rejecting the bail of the appellant is set aside.
Let the accused-appellant, namely, Laik Ahmad @ Lucky Punjabi @ Amin Mohammad involved in the aforesaid crime be released on bail on his furnishing personal bonds and two sureties each of the like amount to the satisfaction of Court concerned subject to the condition that appellant shall cooperate in the trial and will not jump the bail.
In case, proceeding of the trial is prolonged by the act of the appellant the trial court shall be competent to immediately cancel this bail order and the appellant shall be send to jail.
It is made clear that this order will not prejudice the trial court, while deciding the case on merit.
Order Date :- 7.4.2021 S Rawat