Court No. - 64
Case :- CRIMINAL APPEAL No. - 5870 of 2021 Appellant :- Pramod Srivastava Respondent :- The State Of U.P. And Another Counsel for Appellant :- Ravi Shankar Tripathi Counsel for Respondent :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Ravi Shankar Tripathi learned counsel for the appellant; Sri Ashwani Prakash Tripathi learned AGA for the State and perused the material placed on record.
2. Though service report is awaited, upon query made Sri Ashwani Prakash Tripathi learned A.G.A. States that service of the present bail appeal has been effected on opposite party No. 2 as per certificate of service dated 13.11.2021.
3. None has appeared on behalf of opposite party No. 2 to oppose the bail appeal. Accordingly the matter has been proceeded on merits.
4. 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 08.10.2021, passed by learned Additional District & Sessions Judge/Special Judge S.C./S.T. (Prevention of Atrocities) Act Budaun in Case Crime No. 258 of 2021, under Sections - 323, 504, 376 IPC and Section 3(1)Da, 3(1)Dha and 3(2)(V) S.C./S.T. (Prevention of Atrocities) Act, Police Station - Wazirganj, District - Budaun, whereby bail application of the appellant has been rejected.
5. Learned counsel for the appellant submits, against the FIR lodged on 28.8.2021, the appellant is in confinement since 31.8.2021; 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 accusation of rape has been made against the appellant; reading the statement of the alleged victim girl it has been submitted that undisputedly the parties were in a relationship wherein the appellant had gifted her a mobile phone; merely because of the disapproval by the family of the victim to the relationship formed between the parties, false accusation has emerged; even otherwise inconsistencies have been claimed in the statement of the alleged victim as to the occurrence. Also, it has been submitted, the allegations of violation of SC/ST Act are general and made to lend colour to the story.
6. Learned A.G.A. has vehemently opposed the prayer for bail of the appellant.
7. 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.
8. 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.
9. Accordingly, this appeal is allowed and the impugned order dated 08.10.2021, rejecting the bail of the appellant is set aside.
10. Let the accused-appellant, namely, Pramod Srivastava, 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 :- 16.12.2021 Faraz