Court No. - 71
Case :- CRIMINAL APPEAL No. - 2700 of 2019 Appellant :- Moti Lal Respondent :- State Of U.P. And Another Counsel for Appellant :- Ram Raj Pandey,Swati Agrawal Srivastava Counsel for Respondent :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the appellant, learned A.G.A. for the State and perused the material on record.
This criminal appeal under Section 14 A(2) of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed challenging the order dated 2.1.2019 along with amended order dated 5.1.2019 passed by the Second Addl. Sessions Judge/Special Judge (SC/ST) Act, Allahabad in Bail Application No. 5585 of 2018, arising out of Case Crime no. 554 of 2018, under Sections 376, 506, 304 I.P.C. and Section 3(2)V SC/ST Act, P.S. Mauaima, district-Allahabad, seeking bail in the aforesaid sections.
As per prosecution case the daughter of the complainant who was studying in Class-Xth in M.M. Public School, Firozpur Dheenpur, Allahabad. The manager of the institution Moti Lal was giving tuition to the victim and he used to carry the victim for treatment and he committed rape with her and gave her pills. It is also alleged in the F.I.R. that the victim had not said anything about the rape but when she got ill then she narrated the entire story to the complainant.
Learned counsel for the appellant submitted that as per medical opinion the deceased-victim was aged about 19 years and she was in consensual relationship with the appellant. The first information report was lodged on 1.10.2018 and the victim died on 17.10.2018. According to the postmortem report of the deceased the cause of death is septicemia shock due to infection in both lungs and kidneys. Hymen of the deceased was not intact but old tear. Her medical report does not indicate any marks of violence, injury or sexual assault. He next submitted that the appellant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. He lastly submitted that the appellant, who is in jail since 18.10.2018 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
Per contra learned A.G.A. has opposed the prayer for bail.
Without commenting on the merits of the case, considering the facts and circumstances of the case, I am of the view that the bail application filed before the court below deserves to be allowed. It is ordered accordingly.
In the result, the appeal succeeds and the same stands allowed. Impugned order dated 2.1.2019 along with amended order dated 5.1.2019 passed by the Second Addl. Sessions Judge/Special Judge (SC/ST) Act, Allahabad is hereby set aside.
Let the applicant-appellant, Moti Lal be released on bail in the aforesaid case crime number on his executing a personal bond and furnishing two reliable sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 29.5.2019 Faridul