Court No. - 71
Case :- CRIMINAL APPEAL No. - 3512 of 2019 Appellant :- Rajabhaiya Singh Respondent :- State Of U.P. And Another Counsel for Appellant :- Kameshwar 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. Perused the record.
The Criminal Appeal has been filed under Section 14 A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 have been filed challenging the order dated 16.4.2019 passed by Special Judge, SC/ST(P.A.) Act/II Additional Session Judge, Chitrakoot in Bail Application No.347 of 2019, Raja Bhaiya Singh Vs. State of U.P., arising out of Case Crime No. 492 of 2018, under Sections 376, 323, 504 IPC and Section 3(2)5 of SC/ST (P.A.) Act, Police Station Karvi, District Chitrakoot, seeking bail in the aforesaid sections.
Learned counsel for the appellant contended that the appellant is absolutely innocent and has been falsely implicated in the present case due to previous enmity. He further submitted that the brother of the appellant has lodged an FIR against the complainant under Section 302 IPC regarding the murder of his father only to put pressure and to do compromise in the case lodged against complainant this false FIR has been lodged. He further submitted that the FIR was lodged in pursuance of an application given under Section 156(3) Cr.P.C. Initially when report was called from the police and police has submitted that no such incident has taken place. He further submitted that the medical does not support the allegation of rape. Lastly he submitted that the appellant is languishing in jail since 1.4.2019 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 but could not dispute the aforesaid fact as argued by learned counsel for the appellant.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, the period of detention in jail, without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the appeal is allowed and the aforementioned order is hereby set aside.
Let the appellant Rajabhaiya Singh 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 :- 30.5.2019 Mini