Court No. - 88
Case :- CRIMINAL APPEAL No. - 3432 of 2020 Appellant :- Ramesh Chandra Respondent :- State Of U.P.And Anothers Counsel for Appellant :- Akhilesh Kumar Counsel for Respondent :- G.A.,Ram Chandra Uttam
Hon'ble Ajit Kumar,J.
Counter affidavit filed today on behalf of the complainant is taken on record.
Learned counsel for the appellants submits that he has already filed rejoinder affidavit.
Heard Sri Akhilesh Kumar, learned counsel for the appellant- applicant, Sri Ram Chandra Uttam, learned counsel for the respondent No.2 and learned Additional Government Advocate for the State respondent.
This Criminal appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant with the prayer to set aside the order dated 28th July, 2020 passed by Special Judge, SC/ ST Act, Fatehpur in Bail Application No.- 770 of 2020 rejecting the bail application arising out of Case Crime No.- 146 of 2020 under Section 376 I.P.C. and Section 3(2)(V) of SC/ST Act, P.S.- Bakewar, District- Fatehpur.
The allegation in the first information report is that on the basis of assurance of marriage, physical relations have been developed between the informant and accused appellant, whereafter informant became pregnant and got abortion done and now, the appellant has refused to marry.
It has been submitted by learned Counsel for the appellant- applicant that the appellant is quite innocent and has been falsely implicated in the present case. It is argued by the learned counsel for the appellant that complainant is consenting party and is major, who had developed physical relations on her own volition and, therefore, no offence is made out against the appellant. It is also submitted that there is no criminal history to the credit of the applicant. It is further submitted that in the wake of heavy pendency of cases in the Court, there is no chance of any early conclusion of trial. The appellant is languishing in jail since 23.06.2020.
Learned counsel for the complainant as well as learned Additional Government Advocate has though opposed the bail of the applicant but could not dispute the fact that the informant being major is competent enough to take decision to develop relationship with any other individual.
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-applicant has been rejected, impugned herein this appeal 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 28th July, 2020 rejecting the bail of the appellant is set aside.
Let the above named accused-appellant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of Court concerned subject to the condition that applicant shall cooperate in the trial and will not jump the bail.
The concerned Court/ Authority/ Official is further directed to verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 6.1.2021 Atmesh