Court No. - 71
Case :- CRIMINAL APPEAL No. - 4052 of 2019 Appellant :- Sumit Respondent :- State Of U.P. And Anr.
Counsel for Appellant :- Sunil Kumar Dwivedi Counsel for Respondent :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the appellant, learned AGA for the State and perused the record.
In para- 3 of the counter affidavit filed by learned AGA on behalf of the State, it has been stated that notice/information about the pendency of the present criminal appeal before this Court has been served upon the opposite party no. 2, however despite service of notice none has appeared on his behalf.
This criminal appeal under Section 14-A(2) of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed challenging the order dated 9.7.2018 passed by Special Judge, SC/ST Act/Addl. Sessions Judge, Court No. 13, Bulandshahr in Case Crime No. 112 of 2018, under Sections 376, 506 IPC and 3(2) V of SC/ST Act, P.S. Narsaina, District- Bulandshahr, seeking bail in the aforesaid sections.
Learned counsel for the appellant has submitted that as per the Radiological Report, the victim is aged about 22 years and even as per High School Certificate, she is a major and her date of birth is 20.7.1995. Learned counsel for the appellant has next submitted that as per the allegations made in the first information report, the victim had fallen in love with the appellant and it is alleged that he made a consensual relation with her on the assurance of marrying her, however subsequently refused to marry her. Even in the statement recorded under Sections 161 and 164 Cr.P.C, it is alleged that the appellant had made consensual relation with her on the assurance of marrying her, however later refused to marry her. Learned counsel for the appellant has next submitted that appellant is in jail since 20.6.2018 and he has no criminal history to his credit.
It is further submitted that from the perusal of the statement recorded under Sections 161 and 164 Cr.P.C, prima facie a case for bail is made out.
Per contra, learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that appellant is in jail since 20.6.2018 and he has no criminal history to his credit.
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.
The impugned order dated 9.7.2018 passed by Special Judge, SC/ST Act/Addl. Sessions Judge, Court No. 13, Bulandshahr, is set-aside and the bail application of appellant stands allowed.
Let the appellant Sumit be released on bail in the aforesaid case crime number on his furnishing a personal bond and two heavy sureties of the like amount to the satisfaction of the court concerned and one surety shall be family member of the appellant, subject to the following conditions :-
(i) The appellant 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 will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The appellant 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 to prison.
Order Date :- 25.7.2019 KU