Court No. - 53
Case :- CRIMINAL APPEAL No. - 6760 of 2018 Appellant :- Rajloo @ Ravendra Yadav Respondent :- State Of U.P. And 2 Others Counsel for Appellant :- Ajay Pandey,Anand Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the appellant, learned A.G.A., for the State and perused the record.
This criminal appeal under Section 14 A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed challenging the order dated 8.10.2018 passed by the Second Additional Sessions Judge/Special Judge (S.C./S.T. Act), Kaushabmi, in Bail Application No. 516 of 2018 (Rajloo @ Ravendra Yadav Vs. State of U.P.) arising out of Case Crime No. 215 of 2018, under Sections 363, 366 of I.P.C., and Sections 3 (2) (5), 3 (2) (5-Ka), 3 (1) (Gha) of S.C./S.T. Act, Police Station-Charwa, District-aushabmi, seeking bail in the aforesaid sections.
As per prosecution version, in the night of 18/19-8-2018 prosecutrix aged about 19 years had fled away from her residence alongwith Rs. 30,000/-. First information report has been lodged after 4 days of the occurrence.
Learned counsel for the appellant contended that the prosecutrix is major. She had gone with the appellant voluntarily. No offence is made out against the appellant. Appellant has no criminal antecedent and he is in jail since 24.8.2018.
Per contra, learned A.G.A., has opposed the prayer for bail and submitted that there is no infirmity in the order passed by the learned trial court. As per medical report, prosecutrix is minor.
In the statement recorded under Section 164 Cr.P.C., prosecutrix stated that she has gone with the appellant on her own sweet will.
Without expressing any opinion 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. Accordingly, the appeal is allowed and the aforementioned order is hereby set aside.
Let the appellant Rajloo @ Ravendra Yadav be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.
Order Date :- 29.1.2019 Jaswant