Court No. - 50
Case :- CRIMINAL APPEAL No. - 2761 of 2021 Appellant :- Shivam Alias Shubham Kushwah Respondent :- State of U.P. and Another Counsel for Appellant :- Yogendra Misra,Ayush Mishra Counsel for Respondent :- G.A.,Dwijendra Prasad
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 S.C./S.T. Act as Amended, has been preferred by the appellant with the prayer to set aside the order dated 17.06.2021, passed by In-charge Special Session Judge (S.C./S.T. Act), Firozabad in Case Crime No. 315 of 2021, under Sections - 376, 506 I.P.C. and Sections - 3(2)5 S.C./S.T. Act, P.S. - Shikohabad, District - Firozabad.
Contention raised on behalf of the appellant has been confined to the extent that the appellant is innocent and has been falsely implicated in this case. The prosecutrix is major and as per her statement recorded under Section - 164 Cr.P.C., she of her own freewill had accompanied the appellant on 14.5.2021 and returned home on 15.5.2021. Thereafter, because of extraneous consideration, F.I.R. was lodged on 18.5.2021 in order to exert pressure on the appellant unnecessarily for no worthy reason and theory of commission of rape upon the victim was developed without any substantive evidence. Even, medical examination does not support theory of rape having been committed upon the prosecutrix. 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 20.05.2021.
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 order dated 17.06.2021, rejecting the bail of the appellant is set aside.
Let the accused-appellant - Shivam Alias Shubham Kushwah 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 S Rawat