Court No. - 50
Case :- CRIMINAL APPEAL No. - 2970 of 2021 Appellant :- Sandeep Gupta Respondent :- State of U.P.
Counsel for Appellant :- Saurabh Paul,Bharat Bhushan Paul Counsel for Respondent :- G.A.,Krishna Kumar Shukla,Seema Pandey,Vivek Shukla
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the appellant, learned A.G.A. for the State and perused the material available on record.
This Criminal Appeal under Section 14-A (2) of SC/ST Act as Amended, has been preferred by the appellant with the prayer to set aside the orders dated 21.06.2021 and 29.06.2021 passed by Special Judge SC/ST (Prevention of Atrocities) Amendment Act / Additional Sessions Judge, Allahabad in Case Crime No.30 of 2021, under Sections 376(2)(N), 341, 323, 504, 506 I.P.C., 3(2)V, and 13(1) da, Dha SC/ST Act, P.S. Shivkuti, District Prayagraj.
Contention, in brief, is that the wife of the applicant suffered paralysis because of which the prosecutrix was engaged as maid in the house of the applicant to look after her and the applicant took advantage of the situation and committed rape on the prosecutrix for the first time on 27.08.2020. The applicant claims that it is not factual position. In fact, Rs.5,00,000/- was agreed by the applicant to be paid to the prosecutrix for looking after his wife, for which five cheques each aggregating Rs.1,00,000/- have been handed over to the prosecutrix who substantiates the same. Now it so happened that the prosecutrix wanted more money from the applicant. On refusal, she made false allegations against the applicant. There is no reason as to why the prosecutrix kept silent and lodged the first information report at belated stage, for which no worthy reason is coming forth. In case the appellant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The appellant has no criminal history and is languishing in jail since 21.02.2021.
Learned A.G.A. has vehemently opposed the prayer for bail of the appellant.
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 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 orders dated 21.06.2021 and 29.06.2021, rejecting the bail of the appellant is set aside.
Let the accused-appellant Sandeep Gupta involved in the aforesaid case crime number for the aforesaid offences 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 :- 29.10.2021 rkg Digitally signed by Justice Arvind Kumar Mishra Date: 2021.11.10 16:48:45 IST Reason: Document Owner Location: High Court of Judicature at Allahabad