Court No. - 50
Case :- CRIMINAL APPEAL No. - 30 of 2021 Appellant :- Sunni Thakur Respondent :- State of U.P.
Counsel for Appellant :- Chandra Prakash Garg Counsel for Respondent :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the appellant, learned A.G.A. for the State and perused the material available on record.
This Criminal Appeal under Section 14-A (2) of SC/ST Act as Amended, has been preferred by the appellant with the prayer to set aside the order dated 02.11.2020, passed by Special Judge (S.C./S.T. Act)/ Upper Session Judge, Banda, in Special Trial No. 170 of 2020, arising out of Case Crime No. 362 of 2020, under Sections - 376, 342, 323, 504, 506 I.P.C. and 3(2)Va SC/ST Act, Police Station - Kotwali Nagar, District - Banda.
Case of the applicants is that the F.I.R. was initially lodged under several sections of I.P.C. Now, it so happened that the statement under Section - 161 Cr.P.C. was recorded, wherein a different type of story was set up and in the statement recorded under Section - 164 Cr.P.C. even allegation of commission of rape upon the victim was asserted against the appellant. It being so, Section - 376 I.P.C. was also added. The appellant claims that the prosecutrix is in the habit of extracting money from persons in response to the consensus relationship. Therefore, she tried to extract money from the appellant, on refusal by the appellant, a false first information report was lodged by the victim with ulterior motive, which is very much gathered from the facts and circumstances of the case. In case the appellant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The appellant has no previous criminal history and is languishing in jail since 03.06.2020.
Learned A.G.A. has vehemently opposed the prayer for bail of the appellant.
I have considered the rival submissions so made and having gone through the entire record including the order by which, bail application of the appellant has been rejected, impugned herein this appeal.
Nothing convincing has been argued on behalf of the complainant/State so as to justify and sustain the order passed by the court below rejecting the bail application of the appellant.
Thus, in view of the above and having regard to the facts and circumstances of the case and keeping in view the evidence, complicity of accused, I am of the view that the appellant has made out a case for bail.
Accordingly, this appeal is allowed and the impugned order dated 02.11.2020, rejecting the bail of the appellant is set aside.
Let the accused-appellant - Sunni Thakur involved in the aforesaid case crime number for the aforesaid offences be released on bail on his furnishing personal bonds and two sureties each of the like amount to the satisfaction of Court concerned subject to the condition that appellant shall cooperate in the trial and will not jump the bail.
Order Date :- 29.7.2021 S Rawat