Court No. - 53
Case :- CRIMINAL APPEAL No. - 6807 of 2018 Appellant :- Raju Yadav Respondent :- State Of U.P. And Another Counsel for Appellant :- Jai Singh Yadav 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 27.11.2017 passed by the Special Judge (S.C./S.T. Act), Allahabad, in Bail Application No. 4002 of 2017 (Raju Yadav Vs. State of U.P.) arising out of Case Crime No. 343 of 2017, under Sections 363, 366, 354, 376 of I.P.C., and Section 3 (2) (5A) of S.C./S.T. Act, Police Station-Karchchana, District-Allahabad, seeking bail in the aforesaid Sections.
As per prosecution version, prosecutrix aged about 21 years daughter of informant had gone to school on 21.8.2017 at 10:00 AM. Later on she could not return at her residence. First information report was lodged on 25.8.2017 at 4:00 PM.
Learned counsel for the appellant contended that the prosecutrix is major. She has gone voluntarily with the appellant. Later on, in pressure of her family members, she has lodged first information report with false allegation against the appellant. Appellant is in custody since 23.9.2017 and he has no criminal antecedent. He lastly contended that the prosecutrix has stayed with the appellant for about one month and during that stay, she did not raise alarm.
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.
Prosecutrix in her statement recorded under Section 164 Cr.P.C., has stated that she has gone with the appellant to several places, even by train.
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 Raju 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 :- 30.1.2019 Jaswant