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 order dated 19.11.2020 passed by Special Judge SC/ST (Prevention of Atrocities) Amendment Act, Auraiya, in Case Crime No.279 of 2020, under Sections 366, 376, 506 I.P.C. & 3(2)(V) SC/ST Act, Police Station Bela, District Auraiya.
Contention in brief is that on account of village partibandi and enmity, the name of the applicant has been deliberately dragged in this case. Insofar as statement of the prosecutrix, at the relevant stages, recorded under Sections 161 and 164 Cr.P.C. is concerned, the same varies substantially. In statement of the prosecutrix recorded under Section 164 Cr.P.C., there is no categorical assertion regarding commission of rape. There was no occasion for the appellant to have indulged in any such crime nor is there clinching evidence against the appellant that any injury was caused on the person of the victim. The victim is major. For ulterior reason at the instance of her mother, the victim implicated the present appellant by naming him as accused for commission of the offence. 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 31.10.2020.
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 order dated 19.11.2020, rejecting the bail of the appellant is set aside.
Let the accused-appellant Shivajeet Bhadauria 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 :- 7.4.2021 rkg