Court No. - 88
Case :- CRIMINAL APPEAL No. - 2801 of 2020 Appellant :- Pintu Singh @ Rajbali Singh Respondent :- State of U.P. and Another Counsel for Appellant :- Ram Sharan Giri Counsel for Respondent :- G.A.,Manoj Kumar
Hon'ble Ajit Kumar,J.
Heard Sri Ram Sharan Giri, learned Counsel for the appellant- applicant, Sri Manoj Kumar, learned counsel for the complainant, learned AGA and perused the record.
This Criminal appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant- Pintu Singh @ Rajbali Singh with the prayer to set aside the bail rejection order dated 03.09.2020 passed by learned Special Judge (SC/ST Act)/ Additional Session Judge, Banda in Bail Application No. 1971 of 2020 in Case Crime No. 96 of 2020 under Sections 363, 366 I.P.C. and Section 3(2)(V) SC/ST Act, P.S.- Atarra, District- Banda.
As per the first information report the sister of the informant was enticed away by the present accused applicant at around 8.00 p.m. in the night of 06.06.2020. The girl has been recovered and she got her statement recorded under Section 164 Cr.P.C. in which she has stated that she on her own accompanied the applicant.
It further transpired that she was a consenting party and refused to be medically examined, however, in the x-ray report all her joints were reported to be fused.
It has been submitted by learned Counsel for the appellant- applicant that the victim being major and consenting party, no offence under Section 363, 366 IPC is made out against the applicant. It is also argued that the applicant has no previous criminal history. It is further argued by the learned counsel that in the wake of heavy pendency of cases in the Court, there is no chance of any early conclusion of trial. The applicant is languishing in jail since 26.06.2020.
Though the appeal has been opposed vehemently by the learned A.G.A. as well as learned counsel for the complainant on the ground that as per the class Vth marksheet of the victim, she is minor, but they could not dispute medical examination report as well as x-ray report and also could not dispute that she was a consenting party and had gone on her own with the applicant as per her own statement recorded under Section 164 Cr.P.C. It is also admitted that no criminal history is reported to the credit of the applicant.
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 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 03.09.2020 rejecting the bail of the appellant is set aside.
Let the above named accused-appellant 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 :- 5.1.2021 IrfanUddin