Court No. - 53
Case :- CRIMINAL APPEAL No. - 7610 of 2017 Appellant :- Shanshar Pal Respondent :- State Of U.P.
Counsel for Appellant :- Nitin Srivastava,Mohit Kumar Singh,Sujata Choudhary Counsel for Respondent :- G.A.,Kuldeep Kumar
Hon'ble Umesh Chandra Tripathi,J.
List has been revised. None is present on behalf of the private- respondent to argue the case.
Heard learned counsel for the parties and perused the record.
This criminal appeal under Section 14A (2) of The Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'Act, 1989') has been filed on behalf of the appellant, challenging the order dated 06.12.2017 passed by Additional Sessions Judge/Special Judge (S.C./S.T. Act), Meerut, in Ist Bail Application No. 5297 of 2017 (Shanshar Pal v. State of U.P.), arising out of Case Crime No. 889 of 2017, under Sections 376, 504, 506 of the Indian Penal Code, 1860 and Section 3(2)(5) of Act, 1989, Police Station - Sardhana, District - Meerut, seeking bail in the aforesaid sections.
As per prosecution version, on 26.09.2017 at about 05.00 P.M., the applicant committed rape on the prosecutrix in a field.
Learned counsel for the appellant contended that first information report has been lodged after two days of the occurrence, for which (delay) no presumptive explanation has been put forth by the prosecution. The prosecutrix is major, aged about 36 years. She is mother of three children. She was medically examined by the doctor on 03.10.2017. Before the doctor, she stated that an unknown person had committed rape on her. He further contended that the appellant has bears no criminal antecedents and is languishing in jail since 28.09.2017.
Per contra, learned A.G.A. has opposed the prayer for bail and submitted that there is no infirmity or illegality in the impugned order passed by the trial court.
The prosecutrix has not sustained any internal or external injury on her person. Medical evidence does not corroborate the fact of rape on the prosecutrix. In her statement under Section 164 of Cr.P.C., 1973, the prosecutrix has narrated her aged as 35 years.
Without commenting on the merits of the case, considering the facts and circumstances of the case, I am of the view that the bail application filed before the court below deserves to allowed. It is ordered accordingly.
In the result, the appeal succeeds and the same stands allowed. Impugned order dated 06.12.2017 passed by Additional Sessions Judge/Special Judge (S.C./S.T. Act), Meerut is hereby set aside.
Let the appellant - Shanshar Pal be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.
Order Date :- 22.1.2019 I. Batabyal