Court No. - 71
Case :- CRIMINAL APPEAL No. - 800 of 2019 Appellant :- Om Prakash Yadav Respondent :- State Of U.P. And Another Counsel for Appellant :- Sudarshan Singh Counsel for Respondent :- G.A.
Hon'ble Ajit Singh,J.
Counter affidavit filed today is taken on record.
Heard learned counsel for the appellant and learned A.G.A. for the State of U.P. in opposition and perused the record.
This criminal appeal under Section 14A (2) of The Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (for short 'Act, 1989') has been filed on behalf of the appellant, challenging the order dated 1.1.2019 passed by Special Judge, SC/ST/Additional Sessions Judge-II, Chandauli in Bail Application No.192 of 2018 (State Vs. Om Prakash Yadav), arising out of Case Crime No. 128 of 2018, under Sections 363, 366, 376 IPC and Section 3(2)(5) of Act, Police Station Chakia, District Chandauli seeking bail in the aforesaid sections.
Learned counsel for the appellant contended that the incident took place on 17.6.2018 and the first information report was lodged after and inordinate and unexplained delay of two days on 19.6.2018. He further submitted that the statement of the victim recorded under Section 161 Cr.P.C., in which she clearly stated that she has fell in love with appellant and she has gone with the appellant of her own sweet will. He further submitted that the girl has refused to get herself medically examined. In her statement recorded under Section 164 Cr.P.C., the victim has stated that she is 19 years of age and her date of birth is 18.10.1999 and she has supported the prosecution version in her statement recorded under Section 164 Cr.P.C.. He further submitted that the victim was in a consensual relationship with the accused and she had gone with the accused of her own sweet will and she has not supported the prosecution story in her statement recorded under Section 161 Cr.P.C. Lastly he submitted that the appellant is languishing in jail since 3.7.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Per contra, learned A.G.A. has opposed the prayer for bail and submitted that the charge sheet has been filed against the accused-Om Prakash Yadav.
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 allowed. It is ordered accordingly.
In the result, the appeal succeeds and the same stands allowed. Impugned order dated 1.1.2019 passed by Special Judge, SC/ST/Additional Sessions Judge-II, Chandauli is hereby set aside.
Let the appellant-Om Prakash Yadav 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 :- 30.4.2019 Mini