Court No. - 88
Case :- CRIMINAL APPEAL No. - 6329 of 2019 Appellant :- Rohit Kumar Sahu Respondent :- State Of U.P. And Anr.
Counsel for Appellant :- Arvind Kumar Srivastava,Archana Srivastava Counsel for Respondent :- G.A.,Ravindra Kumar
Hon'ble Ajit Kumar,J.
Heard learned counsel for the appellant, learned AGA for the State and perused the record.
This Criminal appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant- Rohit Kumar Sahu with the prayer to set aside the bail rejection order dated 28.05.2019 passed by learned Special Judge SC/ST Act, Allahabad, in Case Crime No. 22 of 2019 under Sections 363,366,323,376,504,506 IPC and Section 3(2)(va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, P.S.- Tharvai, District- Prayagraj.
As per allegations in the first information report, the daughter of the informant got enticed away by the accused Rohit Kumar Sahu and in that process she took away not only jewellery but even cash of Rs. 35,000 and it is when the first informant had made a complainant before the family members of the appellant about the wellbeing of his daughter that the family members threatened him abusively using castist remarks.
It has been pleaded in the affidavit filed in support of the bail application that the applicant has been falsely implicated in the present case. It is further pleaded that the victim is major and consenting party and she had eloped with the applicant on her free will, which is also corroborated, according to him, from the statement of the victim recorded under Section 164 Cr.P.C. The applicant is in jail since 05.04.2019. It has been submitted by learned Counsel for the appellant-applicant that in the wake of heavy pendency of cases in the Court, there is no chance of any early conclusion of trial.
Though the appeal has been opposed vehemently by the learned A.G.A but he could not dispute the aforesaid fact.
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 28.05.2019 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 Sanjeev