Court No. - 71
Case :- CRIMINAL APPEAL No. - 4677 of 2017 Appellant :- Subhash Chandra Alias Lallu Respondent :- State Of U.P. And Another Counsel for Appellant :- Ravindra Prakash Srivasta Counsel for Respondent :- G.A.,Amit Kumar Singh
Hon'ble Ajit Singh,J.
Heard learned counsel for the appellant-applicant, Sri Jagdish Prasad Mishra, 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 07.07.2017 passed by learned Upper Session Judge/F.T.C. Ist, Sant Kabir Nagar, arising out of Case crime No.0132 of 2017, under Sections 376, 392, 323, 504, 506, 411 I.P.C. and 3(1)(W)(1) and 3(2) (5) SC/ST Act, P.S. Bakhira, District Sant Kabiar Nagar, seeking bail in the aforesaid sections.
Learned counsel for the accused/appellant submitted that the appellant has been falsely implicated in the present case due to ulterior motive. He further submitted that the victim is aged about 60 years and as per the first information report there was some marpit took place between the appellant and the victim and the victim has received one contusion swelling and complaint of pain over right knee joint and complaint of pain over right side of chest. The doctor has opined that all the injuries are simple in nature. He further submitted that as per medical examination, vagina hymen old torn healed mild hyperemia present. He further submitted that the doctor has opined that no definite opinion about the sexual assault can be given. He further submitted that the appellant is in jail since 13.04.2017 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Per contra, learned A.G.A., for the State has vehemently opposed the prayer for bail and submitted that the accused is of bad character and he is having a criminal history of one case.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, considering the period of detention, 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 appellant-applicant Subhash Chandra alias Lallu 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 :- 31.5.2019 R./