Court No. - 71
Case :- CRIMINAL APPEAL No. - 2880 of 2019 Appellant :- Rajesh Yadav Respondent :- State Of U.P. And Anr.
Counsel for Appellant :- Dhirendra Kumar Srivastava Counsel for Respondent :- G.A.,Prashant Pandey,Manoj Kumar Yadav Hon'ble Ajit Singh,J.
Counter affidavit filed in the Court today is taken on record.
Heard learned counsel for the appellant, learned counsel for the informant, learned A.G.A. for the State and perused the material on record.
This criminal appeal under Section 14 A(2) of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed challenging the order dated 22.1.2019 passed by the Addl. Sessions Judge, Court no.2/Special Judge, Chandauli in Criminal Misc. Bail Application No. 87 of 2019, arising out of Case Crime no. 273 of 2018, under Sections 366, 376, 342, 323, 504, 506 I.P.C. and Section 3(2)V SC/ST Act, P.S. Chakia, district-Chandauli, seeking bail in the aforesaid sections.
Learned counsel for the appellant submitted that as per first information report and as per medical opinion the victim is a major. Although the appellant is named in the first information report but the victim in her statement recorded under Sections 161 and 164 Cr.P.C. (Annexure-4 & 5) to the affidavit accompanying the bail application has not made any allegation of rape against the appellant. She has made specific allegation of rape against co-accused Govind. He next submitted that the appellant being uncle of the main accused Govind has been falsely implicated in the present case. The medical report of the victim does not indicate any marks of violence, injury or sexual assault. He lastly submitted that the appellant, who is in jail since 14.10.2019 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
Per contra learned A.G.A. has opposed the prayer for bail.
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 be allowed. It is ordered accordingly.
In the result, the appeal succeeds and the same stands allowed.
Impugned order dated 22.1.2019 passed by the Addl. Sessions Judge, Court no.2/Special Judge, Chandauli is hereby set aside.
Let the applicant-appellant, Rajesh Yadav be released on bail in the aforesaid case crime number on his executing a personal bond and furnishing two reliable sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 29.5.2019 Faridul