Court No. - 71
Case :- CRIMINAL APPEAL No. - 3493 of 2019 Appellant :- Mohsin @ Mosin Respondent :- State Of U.P. And Anr. Counsel for Appellant :- Rahul Saxena Counsel for Respondent :- G.A.
Hon'ble Ajit Singh,J.
Counter affidavit filed today is taken on record.
Heard learned counsel for the appellan 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 20.4.2019 passed by Additional Sessions Judge/Special Judge (SC/ST Act), Court No.2, Shahjahanpur in Bail Application No.1140 of 2019 (Mohsin @ Mosin Vs. State of U.P.) in Special Case No.219 of 2018, arising out of Case Crime No.527 of 2018, under Sections 363, 366, 376, 323 IPC and Section 3(2)(5) of SC/ST Act, Police Station Nigohi, District Shahjahanpur, seeking bail in the aforesaid sections.
Learned counsel for the appellant has submitted that the appellant is quite innocent and has been falsely implicated in the present case. He further submitted that the incident took place on 19.9.2018 and the F.I.R. of the incident was lodged after an inordinate and unexplained delay of seventeen days on 6.10.2018. He further submitted that according to the age certificate, the victim is more than 19 years of age. He further submitted that the victim was in a consensual relationship with the present appellant and victim had gone with the present appellant of her own sweet will and she has lived with him for two months. He further submitted that the victim has refused the medical examination of herself. Lastly he submitted that the appellant is languishing in jail since 25.11.2018 and in case he is released on bail, he will not misuse the liberty of bail and he will cooperate in trial.
Per contra, learned A.G.A., for the State has vehemently opposed the prayer for bail.
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 Mohsin @ Mosin be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned.
Order Date :- 29.5.2019 Mini