Court No. - 50
Case :- CRIMINAL APPEAL No. - 3108 of 2021 Appellant :- Nadeem Respondent :- State of U.P. and Another Counsel for Appellant :- Kuldeep Kumar Counsel for Respondent :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the appellant, 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 14.07.2021 passed by Additional District and Session Judge/Special Judge (SC/ST Act), Amroha, Case Crime No.107 of 2021, under Sections 376, 366, 420 IPC and 3(2)(V-A) SC/ST Act, Police Station Saidagali, District Amroha.
Learned counsel for the appellant has argued that the appellant is an innocent person and has been falsely implicated in the present case. It is accepted version that both appellant and the victim have got married. However, the appellant deserted the prosecutrix and that became the cause of false accusation. The FIR is belated one. The appellant has no criminal history. It is further submitted that in the wake of heavy pendency of cases in the Court, there is no chance of any early conclusion of trial. The appellant is languishing in jail since 12.7.2021.
Learned Additional Government Advocate has though opposed the bail of the appellant but could not dispute the aforesaid fact.
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.
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 14.07.2021 rejecting the bail of the appellant is set aside.
Let the accused-appellant, namely, Nadeem 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 :- 29.10.2021 Raj