Court No. - 64
Case :- CRIMINAL APPEAL No. - 4172 of 2021 Appellant :- Suleman And Another Respondent :- State of U.P. and Another Counsel for Appellant :- Vinay Kumar Singh Chandel,Qazi Vakil Ahmad Counsel for Respondent :- G.A.,Abrar Alam,Sunil Kumar Dubey
Hon'ble Saumitra Dayal Singh,J.
1. Supplementary affidavit filed today. Taken on record.
2. Heard Sri Qazi Vakil Ahmad, learned counsel for the appellants; Sri Sunil Kumar Dubey, learned counsel for the informant; Sri Ankit Srivastav, learned AGA for the State and perused the material placed on record.
3. This criminal appeal under Section 14-A(2) of The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellants with the prayer to set aside the order dated 17.09.2021, passed by learned Special Judge S.C./S.T. (Prevention of Atrocities) Act, Baghpat, in Case Crime No. 283 of 2021, under Sections - 504, 506, 354, 354-B I.P.C. and Section 3(2)(VA) S.C./S.T.
(Prevention of Atrocities) Act, Police Station - Binauli, District - Baghpat, whereby bail application of the appellants have been rejected.
4. At the outset, learned counsel for the appellants submits, against the FIR lodged on 27.08.2021, the appellants are in confinement since 13.09.2021; the appellants claim to have cooperated in the investigation. In any case they are not shown to have unduly evaded arrest; as to criminal history of two cases, it has been submitted, the same has been explained; chargesheet has already been submitted yet, there is no hope of early conclusion of the trial; on prima facie basis, it has been submitted, the FIR is delayed by 13 days for which there is no explanation. Infact, the present FIR is a counter blast to an earlier FIR lodged by the nephew of appellant no.1 making allegation of rape against nephew of respondent no.2. That FIR was lodged on 15.08.2021 with respect to occurrence of 09.08.2021. Occasioned by registration of that case, false accusation have been made in the present case. Other than self serving statement of the informant side, the prosecution story has not found support from any independent witness. Also, it has been submitted, the allegations of violation of SC/ST Act are general and made to lend colour to the story.
5. Learned A.G.A. has vehemently opposed the prayer for bail of the appellants.
6. Having heard learned counsel for the parties and having perused the record, at present, the order passed by the learned court below rejecting the bail application filed by the appellants, cannot be sustained.
7. Without drawing any inference as to facts, in view of the above noted facts & submissions and having regard to the status of the evidence, as has been shown to exist on record, let the appellants be enlarged on bail at this stage.
8. Accordingly, this appeal is allowed and the impugned order dated 17.09.2021, rejecting the bail of the appellants is set aside.
9. Let the accused-appellants, namely, Suleman and Salman, involved in the aforesaid crime be released on bail on their furnishing personal bonds and two sureties each of the like amount to the satisfaction of Court concerned subject to the condition that appellants shall cooperate in the trial and will not jump the bail.
Order Date :- 22.12.2021 Abhilash