Court No. - 53
Case :- CRIMINAL APPEAL No. - 3714 of 2018 Appellant :- Subhan Ali Respondent :- State Of U.P. And Another Counsel for Appellant :- Irshad Ahmad,Bed Prakash Rai Counsel for Respondent :- G.A.,D.P. Tripathi,Manish Pandey,Manish Tripathi
Hon'ble Umesh Chandra Tripathi,J.
List has been revised. None is present on behalf of the private- respondent to argue the case.
Heard learned counsel for the appellant, learned A.G.A. for the State of U.P. in opposition and perused the record.
This criminal appeal under Section 14A (2) of The Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'Act, 1989') has been filed on behalf of the appellant, challenging the order dated 11.06.2018 passed by Special Judge (S.C./S.T. (P.A.) Act)/Additional Sessions Judge, Court No. 2, Moradabad, in Bail Application No. 1645 of 2018 (Subhan Ali v. State of U.P.), arising out of Case Crime No. 122 of 2018, under Sections 366, 376, 452, 506 of the Indian Penal Code, 1860 and Section 3(2)5 of Act, 1989, Police Station - Chajjlet, District - Moradabad, seeking bail in the aforesaid sections.
As per prosecution version, on 24.04.2018 at about 11.00 P.M., the appellant entered into the house of the prosecutrix, aged about 13 years, took her forcibly at his residence and committed rape on her.
Learned counsel for the appellant contended that the prosecutrix is major. As per medical report, her age is about 20 years. She was consenting party. Someone has seen the occurrence. In order to save her reputation, this false F.I.R. has been lodged. Medical evidence does not corroborate the prosecution version. The prosecution version does not appear natural. It is not possible for a single person to lift a major girl and take her away forcibly. He further contended that the appellant bears no criminal antecedents and is languishing in jail since 09.05.2018.
Per contra, learned A.G.A. has opposed the prayer for bail and submitted that there is no infirmity or illegality in the impugned order passed by the trial court.
Without commenting on the merits of the case, considering the facts and circumstances of the case, I am of the view that the bail application filed before the court below deserves to allowed. It is ordered accordingly.
In the result, the appeal succeeds and the same stands allowed. Impugned order dated 11.06.2018 passed by Special Judge (S.C./S.T. (P.A.) Act)/Additional Sessions Judge, Court No. 2, Moradabad is hereby set aside.
Let the appellant - Subhan Ali be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.
Order Date :- 29.1.2019 I. Batabyal