Court No. - 88
Case :- CRIMINAL APPEAL No. - 457 of 2021 Appellant :- Mohit Yadav Respondent :- State Of U.P. And Another Counsel for Appellant :- R.B. Pal Counsel for Respondent :- G.A.,Rajendra Kumar Srivastava
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the appellant, learned counsel for respondent no.2 and learned Additional Government Advocate for the State 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 with the prayer to set aside the order dated 12.01.2021 passed by Special Judge (SC/ST Act) Firozabad arising out of Case Crime No.197 of 2020, under Sections 366, 376, 504, 506 IPC and 3(2) (5) SC/ST Act, Police Station Pachokhra, District Firozabad.
Learned counsel for the appellant submits that applicant is innocent and has been falsely implicated in this case and he has not committed any offence. It has also been stressed upon that the appellant and the victim both are indulged in consensus relationship. He added that victim is major and her age was assessed to be 19 years. He further added that when the appellant enterd into nupital knot with another lady and the victim being annoyed with the marriage of the appellant cooked up a false story. There is no point in claiming that any rape whatsoever was committed by the appellant. The complainant with ulterior motive by manipulating moving application under Section 156(3) Cr.P.C. after a month from the date of incident and there is no explanation to delay. He further submits that in case, he is admitted to bail, there is no possibility of his absconding and misusing the liberty of bail. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. The appellant is languishing in jail since 12.11.2020.
Also heard the learned AGA and learned counsel for the informant.
I have considered the rival submissions so made and having gone through the entire record as well as 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 12.01.2021 rejecting the bail of the appellant is set aside.
Let the accused-appellant, namely, Mohit Yadav 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.
Order Date :- 5.4.2021 Raj