Court No. - 80
Case :- CRIMINAL APPEAL No. - 468 of 2021 Appellant :- Sonu @ Shahbaz @ Afazal Respondent :- State of U.P. and Another Counsel for Appellant :- Sunil Kumar Dubey Counsel for Respondent :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the appellant, learned A.G.A. for the State and perused the record. Despite service of notice upon opposite party No. 2, none has appeared on his behalf.
The present criminal appeal has been filed U/s 14(A)(2) of S.C./S.T. Act against the order dated 7.1.2021, by which the bail application of the appellant in Case Crime No. 825 of 2020, Under Sections 366, 376, IPC and Section 3(2) V of SC/ST Act, Section 3, 5(1) of U.P. Prohibition of Unlawful Conversation of Religion Ordinance, 2020, P.S. Kotwali Shahar, District- Bijnor has been rejected vide order dated 7.1.2021.
Learned counsel for the appellant-applicant has submitted that the appellant-applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the appellant-applicant has next submitted that during the course of investigation, the date of birth of the victim has been found to be 10.5.1999, as such she is a major girl. Learned counsel for the appellant-applicant has next drawn the attention of the Court to the statement of the victim recorded u/s 164 Cr.P.C., in which it is alleged that the appellant-applicant was the neighbour of the victim and on 7.12.2020, the appellant-applicant had taken her away on a motor-cycle to Saharanpur and made physical relations with her and thereafter she had gone to Haridwar and Bijnor with the applicant and, as such the victim appears to be a consenting party. Lastly, it is submitted that appellant-applicant is in jail since 12.12.2020 and he has no criminal history to his credit.
Per contra, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts and the fact that victim is a major girl and has visited several places with the applicant.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, the appeal has substance. Accordingly, the appeal is allowed.
The impugned order dated 7.1.2021 passed by Special Judge (SC/ST Act), Bijnor, is set-aside and the bail application of appellant stands allowed.
Let the appellant-applicant Sonu @ Shahbaz @ Afazal be released on bail in Case Crime No. 825 of 2020, Under Sections 366, 376, IPC and Section 3(2) V of SC/ST Act and Section 3, 5(1) of U.P. Prohibition of Unlawful Conversation of Religion Ordinance, 2020, P.S. Kotwali Shahar, District- Bijnor, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:-
(i) The appellant-applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The appellant-applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The appellant-applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the appellant-applicant to prison.
Order Date :- 23.9.2021 KU