Court No. - 88
Case :- CRIMINAL APPEAL No. - 706 of 2020 Appellant :- Sandeep Kumar Jaiswal Respondent :- State of U.P. and Another Counsel for Appellant :- Nagendra Kumar Singh Counsel for Respondent :- G.A.,Dinesh Kumar Pandey
Hon'ble Ajit Kumar,J.
Case called out. Heard learned counsel for the appellant, learned AGA for the State and perused the record, however, learned counsel for the complainant is not present.
This Criminal appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant- Sandeep Kumar Jaiswal with the prayer to set aside the bail rejection order dated 04.01.2020 passed by learned Special Judge SC/ST Act Court No. 2, Maharajganj in bail application no. 1805 of 2019, arising out of case crime no. 188 of 2019 under Section 366, 376 IPC and Section 3(2)(V) SC/ST (Prevention of Atrocities) Act, 1989, P.S. Ghughali, District Maharajganj.
As per allegations in the first information report, the victim was reported to be missing from 10:00 am on 06.09.2019 and accordingly report was lodged on 07.09.2019.
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 as in the statement of victim recorded under Section 164 Cr.P.C. she admitted to have talking terms with accused applicant and developed love for him and she had voluntarily accompanied the appellant on the assurance of marriage and she stayed with him at different places.
It is argued by learned counsel for the appellant that the victim is a consenting party being major and no case of 366 and 376 IPC is made out. It has been further submitted that the applicant has no criminal history and he is in jail since 06.11.2019. 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 facts.
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 04.01.2020 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 :- 5.1.2021 Sanjeev