Court No. - 50
Case :- CRIMINAL APPEAL No. - 3354 of 2020 Appellant :- Vidur @ Vijaypal Respondent :- State Of U.P.And Another Counsel for Appellant :- Geetam Singh,Phool Singh Yadav Counsel for Respondent :- G.A.,Ajai Kumar,Jai Prakash Singh
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the appellant, Sri Ajai Kumar, learned counsel for the informant, 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 16.09.2020 passed by Special Judge SC/ST (Prevention of Atrocities) Amendment Act, Kasganj, in Case Crime No.252 of 2020, under Sections 354B, 323, 504, 376 I.P.C. and 3(2)V SC/ST (P.A.) Act, P.S. Dholna, District Kasganj.
Contention, in brief, is that in this case, no such incident ever took place as alleged in the first information report. There is no version of any rape being committed upon the victim in the statement under Section 161 Cr.P.C., whereas, the story of rape being committed by the applicant has been set up at the stage when statement of the victim was recorded under Section 164 Cr.P.C. At the time of hearing of the bail application before the court below, the prosecutrix gave an affidavit to the effect that at the instance of Suresh Chandra, she has implicated the applicant in this 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 criminal history and is languishing in jail since 29.08.2020.
Learned counsel for the informant and learned A.G.A. have 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 16.09.2020, rejecting the bail of the appellant is set aside.
Let the accused-appellant Vidur @ Vijaypal 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 :- 29.10.2021 rkg