Court No. - 50
Case :- CRIMINAL APPEAL No. - 2250 of 2021 Appellant :- Rudal Kewat Respondent :- State of U.P. and Another Counsel for Appellant :- Pradeep Kumar Counsel for Respondent :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the appellant, learned Additional Government Advocate 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, 1989 has been preferred by the appellant with the prayer to set aside the order dated 27.05.2021 passed by Special Judge, Special court (SC/ST)/Additional District and Sessions Judge, court no.2, Maharjganj in Case Crime No.29 of 2021, under Sections 376, 504, 506 IPC and 3(2)5 SC/ ST (Prevention of Atrocities) Act, Police Station- Sinduriya, District- Maharajganj.
Learned counsel for the appellant has argued that the appellant is an innocent person and has been falsely implicated in the present case on account of ulterior motive. He further contended that the prosecutrix is major aged about 36 years. Victim is married lady. The fact of this case is that the appellant had taken money to the husband of the prosectrix and on demand being raised, he refused and a false case was set up against the appellant. So far as the medical corroboration is concerned, there is no medical corroboration. The statement of independent witnesses- say- Parshuram and Bajanth- is indicative of fact that some dispute was going on between the family members and this authenticate version of the money that money borrowed was not paid back to the appellant and that is the sole factor for false implication of the appellant. 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 21.4.2021.
Learned Additional Government Advocate has though opposed the bail of the appellant but 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.
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 27.05.2021 rejecting the bail of the appellant is set aside.
Let the accused-appellant, namely, Rudal Kewat 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 :- 29.10.2021 Raj Digitally signed by ARVIND KUMAR MISHRA Date: 2021.10.30 14:34:52 IST Reason: Document Owner Location: High Court of Judicature at Allahabad