Court No. - 88
Case :- CRIMINAL APPEAL No. - 2745 of 2020 Appellant :- Tinku Yadav @ Karan Singh Respondent :- State of U.P. and Another Counsel for Appellant :- Jai Prakash Singh Counsel for Respondent :- G.A.
Hon'ble Ajit Kumar,J.
Heard Sri Jai Prakash Singh, learned Counsel for the appellant- applicant, learned AGA and perused the record.
This Criminal appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant- Tinku Yadav @ Karan Singh with the prayer to set aside the bail rejection order dated 04.09.2020 passed by learned Special Judge (SC/ST Act) Kasganj in Bail Application No. 723 of 2020 in Case Crime No. 166 of 2020 under Sections 363, 366 I.P.C. and Section 3(2)(V) SC/ST Act, P.S.- Patiyali, District- Kasganj.
As per the first information report, lodged by the mother of the victim, she was enticed away by one Ranjit Kumar in the night of 16.06.2020, however, later on the girl got recovered and her statement was got recorded under Section 164 Cr.P.C. in which she stated that she was in love with the applicant and eloped with him in the mid night of 16.06.2020 out of her own sweet will.
It has been submitted by learned Counsel for the appellant- applicant that the girl herself was a consenting party and the girl was major. The medical examination report has also been relied upon in which her age was determined as 18 years and as such she was major at the time of incident. It is thus, argued that on the basis of statement recorded under Section 164 Cr.P.C. and the medical examination report, the alleged crime has not been committed by the present applicant. It is further argued by the learned counsel that in the wake of heavy pendency of cases in the Court, there is no chance of any early conclusion of trial. The applicant is languishing in jail since 31.07.2020.
Though the appeal has been opposed vehemently by the learned A.G.A. and stated that according to class 8 marksheet of the victim, she is below the age of 18 years, however, he could not dispute the medical examination report as well as statement recorded under Section 164 Cr.P.C.
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-applicant has been rejected, impugned herein this appeal 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 04.09.2020 rejecting the bail of the appellant is set aside.
Let the above named accused-appellant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of Court concerned subject to the condition that applicant shall cooperate in the trial and will not jump the bail.
The concerned Court/Authority/Official is further directed to verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 5.1.2021 IrfanUddin