Court No. - 50
Case :- CRIMINAL APPEAL No. - 2923 of 2021 Appellant :- Rajni @ Kamlesh Respondent :- State of U.P. and Another Counsel for Appellant :- Kameshwar Singh Counsel for Respondent :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the appellant, learned A.G.A. for the State and perused the material available on record.
This Criminal Appeal under Section 14-A (2) of SC/ST Act as Amended, has been preferred by the appellant with the prayer to set aside the order dated 06.07.2021, passed by Special Judge (SC/ST Act)/Additional Sessions Judge, Banda in Case Crime No. 07 of 2021, under Sections - 363, 366, 504, 506 I.P.C. and Sections - 3(1) Da, 3(1) Dha, 3(2)V S.C./S.T. Act, Police Station - Kamasin, District - Banda.
Appellant claims to have been falsely implicated in this case on several counts; prime argument being that there is no documentary proof regarding the actual age of the victim as alleged in the first information report and in the statement of the victim itself that she is around 17 years of age. It being so, if two years margin are added to it, she would become 18 years of age. However, from the very statement of the victim recorded under Section - 164 Cr.P.C., it is apparent that the victim of her own freewill called the appellant at some school in the village and the appellant never enticed her away. It is a case based on freewill of the victim herself, which under facts and circumstances cannot be rebutted easily. In case, the appellant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The appellant has no criminal history and is languishing in jail since 15.01.2021.
Learned A.G.A. has vehemently opposed the prayer for bail of the appellant.
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 has been rejected, impugned herein this appeal.
Nothing convincing has been argued on behalf of the complainant/State so as to justify and sustain the order passed by the court below rejecting the bail application of the appellant.
Thus, in view of the above 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 06.07.2021, rejecting the bail of the appellant is set aside.
Let the accused-appellant - Rajni @ Kamlesh involved in the aforesaid case crime number for the aforesaid offences 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 :- 25.10.2021 S Rawat