Court No. - 64
Case :- CRIMINAL APPEAL No. - 4398 of 2021 Appellant :- Sagar Respondent :- State Of U P And Another Counsel for Appellant :- Vinod Kumar Tirpathi,Manoj Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Despite service of notice on respondent no. 2, none has appeared on her behalf to oppose the appeal. Accordingly, the appeal is being proceeded on merits.
2. Heard Sri Manoj Kumar Tripathi, learned counsel for the appellant and Sri Vikas Goswami, learned AGA for the State and perused the material placed on record.
3. This criminal appeal under Section 14-A(2) of The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant with the prayer to set aside the order dated 24.9.2021, passed by Additional Session Judge/Special Judge (POCSO Act), Bijnor, in Case Crime No. 422 of 2021, under Sections - 363, 366, 376 I.P.C., Section 3/4 POCSO Act and Section 3(2)5 S.C./S.T. Act, Police Station - Dhampur, District - Bijnor, whereby bail application of the appellant has been rejected.
4. At the outset, learned counsel for the appellant submits, against the FIR lodged on 8.9.2021, the appellant is in confinement since 14.9.2021; the appellant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest; the appellant has no criminal history; charge-sheet has already been submitted yet, trial has not commenced. Therefore, there is no hope of early conclusion of the trial; on prima facie basis, for the purpose of grant of bail, it has been submitted, the alleged victim girl was more than 18 years of age on the date of occurrence. In that regard, reliance has been placed on medical report of the alleged victim. Dispute has been raised as to the genuineness of the educational certificate. As to the occurrence, reference has been made to the statement recorded under Section 164 Cr.P.C. to submit, no force was practiced on the victim and the victim has materially diluted the prosecution allegation. Also, it has been submitted, the allegations of violation of SC/ST Act are general and made to lend colour to the story.
5. Learned A.G.A. has vehemently opposed the prayer for bail of the appellant.
6. Having heard learned counsel for the parties and having perused the record, at present, the order passed by the learned court below rejecting the bail application filed by the appellant/s, cannot be sustained.
7. Without drawing any inference as to facts, in view of the above noted facts and submissions and having regard to the status of the evidence, as has been shown to exist on record, let the appellant/s be enlarged on bail at this stage.
8. Accordingly, this appeal is allowed and the impugned order dated 24.9.2021, rejecting the bail of the appellant is set aside.
9. Let the accused-appellant, namely, Sagar, involved in the aforesaid crime 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 :- 22.12.2021 Prakhar Digitally signed by SAUMITRA DAYAL SINGH Date: 2021.12.23 09:57:27 IST Reason: Document Owner Location: High Court of Judicature at Allahabad