Court No. - 64
Case :- CRIMINAL APPEAL No. - 4613 of 2021 Appellant :- Shiv Prasad Respondent :- State of U.P. and Another Counsel for Appellant :- Rajesh Kumar Singh Counsel for Respondent :- G.A.,Ramesh Prasad,Surendra Singh
Hon'ble Saumitra Dayal Singh,J.
1. Counter affidavit has been filed today. Taken on record.
2. Heard Sri Rajesh Kumar Singh, learned counsel for the appellant; Sri Ankit Srivastava, learned AGA for the State and; Sri Ramesh Prasad, learned counsel for respondent no.2.
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 17.8.2021, passed by Special Judge (S.C./S.T. Act)/Additional Session Judge, Banda, in Case Crime No. 50 of 2021, under Sections - 376, 342, 313, 504, 506 of I.P.C. and Section 3(2)5 of S.C./S.T. Act, Police Station - Atarra, District - Banda, whereby bail application of the appellant has been rejected.
4. At the outset, learned counsel for the appellant submits, against the FIR lodged on 13.3.2021, the appellant is in confinement since 23.6.2021; 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, prosecutrix admits old consensual relationship between the parties since 2018. In that context, allegation of rape committed on the false pretext of marriage is diluted. Also, there is no recording of obscene video or photograph that may have been or attempted to have made viral by the appellant. 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 17.8.2021, rejecting the bail of the appellant is set aside.
9. Let the accused-appellant, namely, Shiv Prasad 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 :- 20.12.2021 Prakhar