Court No. - 64
Case :- CRIMINAL APPEAL No. - 5978 of 2021 Appellant :- Mubeen Khan Respondent :- State of U.P. and Another Counsel for Appellant :- Shiv Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Criminal Misc. Exemption Application No. Nil of 2021
1. Heard Sri Shiv Kumar Singh learned counsel for the appellant and Sri Ankit Srivastava learned A.G.A. for the State.
2. In absence of any objection raised as to the correctness of the copy of the FIR annexed, present exemption application is allowed.
3. Appellant is exempted from annexing certified copy of the FIR.
Order on Appeal
1. Though service report is awaited, upon query made Sri Ankit Srivastava learned A.G.A. States that service of the present bail appeal has been effected on opposite party No. 2 on 28.9.2021. None has appeared on behalf of opposite party No. 2 to oppose the bail appeal. Accordingly the bail appeal has been proceeded on merits.
2. Heard Sri Shiv Kumar Singh, learned counsel for the appellant; Sri Ankit Srivastava, learned AGA for the State and perused the material placed on record.
3. This criminal appeal under Section 14-A(2) of The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant with the prayer to set aside the order dated 18.8.2021, passed by learned Special Judge S.C./S.T. (Prevention of Atrocities) Act/Additional Sessions Judge, Banda, in Case Crime No. 168 of 2021, under Sections - 342 and 376 I.P.C. and Section 3(2) (V) S.C./S.T. (Prevention of Atrocities) Act, Police Station -
Kotwali Nagar, District - Banda, whereby bail application of the appellant has been rejected.
4. At the outset, learned counsel for the appellant submits, against the FIR lodged on 22.3.2021, the appellant is in confinement since 23.3.2021; the appellant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest; the appellant has no criminal history; chargesheet has already been submitted yet, trial has not commenced. Therefore, there is no hope of early conclusion of the trial; on prima facie basis, it has been submitted by learned counsel for the appellant that wholly false allegation has been made in the FIR; according to the FIR the prosecutrix who is a married lady went missing for four days yet, no missing person report was lodged; then referring to her statement recorded under Section 164 Cr.P.C., it has been submitted that the informant admits to have accompanied the appellant to District Court to register her marriage; thus it is submitted that consensual relationship existed between the parties and the FIR has been lodged on account of that relationship having gone bad. Also, it has been submitted, the allegations of violation of SC/ST Act are general and made to lend colour to the story.
5. Learned A.G.A. has vehemently opposed the prayer for bail of the appellant.
6. Having heard learned counsel for the parties and having perused the record, at present, the order passed by the learned court below rejecting the bail application filed by the appellant, cannot be sustained.
7. Without drawing any inference as to facts, in view of the above noted facts & submissions and having regard to the status of the evidence, as has been shown to exist on record, let the appellant be enlarged on bail at this stage.
8. Accordingly, this appeal is allowed and the impugned order dated 18.8.2021, rejecting the bail of the appellant is set aside.
9. Let the accused-appellant, namely, Mubeen Khan, 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.
Order Date :- 22.12.2021 Faraz