Court No. - 71
Case :- CRIMINAL APPEAL No. - 530 of 2019 Appellant :- Shivam Kumar Pal Respondent :- State Of U.P.
Counsel for Appellant :- Nitin Kumar,Shyam Singh Somvanshi Counsel for Respondent :- G.A.,Jitendra Kumar Mishra
Hon'ble Ajit Singh,J.
Heard learned counsel for the appellant-applicant, learned counsel for the opposite party no.2 and learned A.G.A. for the State. Perused the record.
This criminal appeal under Section 14 A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed challenging the order dated 27.10.2018 passed by learned Special Judge, POCSO Act, Court No. 8, Farrukhabad in Bail Application No. 133 of 2018 (State Vs. Shivam Kumar), arising out of Case crime No. 525 of 2018 under Sections 363, 366, 504 I.P.C. and 7/8 POCSO Act, and 3(1)(X) SC/ST (Prevention of Atrocities) Act, 1989, P.S. Nawabganj, District Farrukhabad, seeking bail in the aforesaid sections.
Learned counsel for the accused/appellant submitted that the applicant has been falsely implicated. Learned counsel for the appellant has further submitted that the alleged incident had taken place on 18.08.2018 at about 6:00 PM in the evening, and the FIR was lodged after two days on 20.08.2018 at 3:40 p.m.
Learned counsel has next submitted that the statement of the victim under Section 161 Cr.P.C. was recorded during investigation on 21.08.2018, in which, she has stated that she was beaten by her mother and her uncle as she wanted to read, on the other hand, her mother and her uncle do not want, she would read, and further stated that on 18.08.2018, she had gone Kanpur by her own sweet will and then she returned back by bus to Farrukhabad where she met police and told them the aforesaid story that she left her house by her own will, and she was not carried away by anybody nor any rape was committed against her, and she has specifically stated that the report which has been lodged by her uncle, is false.
Learned counsel has further submitted that statement recorded under Section 164 Cr.P.C. on 29th August 2018, in which, she has stated that rape was committed by Anoop and she had gone with Shivam on his motorcycle and she has further stated that she wanted to marry with Shivam. Learned counsel has lastly submitted that applicant is in jail since 14.09.2018.
Per contra, learned A.G.A., for the State has vehemently opposed the prayer for bail.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the appeal is allowed and the aforementioned order is hereby set aside.
Let the appellants-applicants Shivam Kumar Pal be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned.
Order Date :- 30.4.2019 M. ARIF