Court No. - 64
Case :- CRIMINAL APPEAL No. - 4723 of 2021 Appellant :- Utkarsh Respondent :- State of U.P. and Another Counsel for Appellant :- Shiv Babu Dubey Counsel for Respondent :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Though service report is awaited, upon query made, learned AGA states, written instructions have been received by him, amongst others, as to service effected on respondent no.2 on 30.09.2021. None has appeared on his/her behalf. Accordingly, the matter has been proceeded on merits.
2. Heard Sri Shiv Babu Dubey, learned counsel for the appellant; 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 appellant with the prayer to set aside the order dated 08.09.2021, passed by learned Special Judge S.C./S.T. (Prevention of Atrocities) Act, Banda, in Case Crime No. 156 of 2021, under Sections - 452, 376, 506 I.P.C. and Section 3(2)(v) S.C./S.T. (Prevention of Atrocities) Act, Police Station - Kotwali Nagar, District - Banda, whereby bail application of the appellant has been rejected.
4. At the outset, learned counsel for the appellant submits, against the FIR lodged on 18.03.2021, the appellant is in confinement since 03.09.2021; the appellant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest; the appellant has no criminal history; 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 was lodged with a delay of 11 months.
The victim was about 23 years of age on the date of the occurrence. The parties were in consensual relationship for long as is clear from a plain reading of the FIR and the statement of the victim recorded during investigation. Wholly false FIR allegations have emerged on account of the relationship having failed between the parties. 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 appellant.
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 appellant, 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 appellant be enlarged on bail at this stage.
8. Accordingly, this appeal is allowed and the impugned order dated 08.09.2021, rejecting the bail of the appellant is set aside.
9. Let the accused-appellant, namely, Utkarsh, involved in the aforesaid crime 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 :- 23.12.2021 Abhilash