Court No. - 88
Case :- CRIMINAL APPEAL No. - 2950 of 2020 Appellant :- Mohd Hasim Respondent :- State of U.P. and Another Counsel for Appellant :- Amit Kumar Singh,Raj Kumar Singh Counsel for Respondent :- G.A.,Raj Kumar Singh
Hon'ble Ajit Kumar,J.
Heard Amit Kumar Singh, learned Counsel for the appellant- applicant, Sri Rajendra Prasad, learned AGA and perused the record.
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- Mohd. Hasim with the prayer to set aside the bail rejection order dated 12.10.2020 passed by learned Special Judge (SC/ST Act)/ Special Judge (D.A.A. Act), Chitrakoot in Bail Application No. 640 of 2020 in Case Crime No. 87 of 2020 under Section 363 I.P.C. and Section 3(2)(V) SC/ST Act, P.S.- Bharatkoop, District- Chitrakoot.
As per the allegations in the first information report, the victim who was aged about 16 years, being minor, was virtually enticed away by the applicant, however, in the statement of victim recorded under Section 164 Cr.P.C. she has stated that no wrong has been committed with her and she does not want to prosecute the applicant and is willing to reside at her home.
It has been submitted by learned Counsel for the appellant- applicant that it is a case of consent but it is only due to ulterior motive that the opposite party no. 2 has lodged the first information report against the applicant. It is further argued by the learned counsel that in the wake of heavy pendency of cases in the Court, there is no chance of any early conclusion of trial. The applicant is languishing in jail since 01.10.2020.
Though the appeal has been opposed vehemently by the learned A.G.A. but he could not dispute the aforesaid facts.
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 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 12.10.2020 rejecting the bail of the appellant is set aside.
Let the above named accused-appellant 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 :- 6.1.2021 IrfanUddin