Court No. - 88
Case :- CRIMINAL APPEAL No. - 3072 of 2020 Appellant :- Vijay Dubey @ Vijay Kumar Dubey Respondent :- State Of U.P. And Anothers Counsel for Appellant :- Santosh Kumar Yadav,Manvendra Nath Singh Counsel for Respondent :- G.A.
Hon'ble Ajit Kumar,J.
In view of the certificate of the Gram Pradhan concerned annexed with counter affidavit filed on behalf of the State, the informant has been communicated about the pendency of this appeal through cellular phone No.- 8953672219 which is also same cellular phone number registered in the first information report, thus, service of notice is deemed sufficient.
Heard Sri Manvendra Nath Singh, learned Counsel for the appellant-applicant and learned Additional Government Advocate for the State respondent.
This Criminal appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant- Vijay Dubey @ Vijay Kumar Dubey with the prayer to set aside the order dated 19th February, 2020 passed by learned Special Judge (SC/ST Act), Deoria, rejecting 2nd Bail Application No. 165 of 2020 in Special Trial No.- 78 of 2018 arising out of Case Crime No. 43 of 2018 under Sections 376, 504 I.P.C. and Section 3(2)(5) SC/ST Act, P.S.- Bhaluani, District- Deoria.
Allegation in the first information report is to the effect that the victim was working in Orchestra party of the accused appellant and that taking advantage of her being alone in the room at about 11:40 pm in the night of 11th March, 2018, the appellant forcibly committed rape upon her and the first information report was lodged accordingly on the very next date.
Learned counsel for the appellant has submitted that the appellant is quite innocent and has been falsely implicated for ulterior motive. It is submitted that there is serious dispute with regard to the payment to the victim who is working in the orchestra party and having not being satisfied with the payment made, she lodged first information report making allegations of rape. It is also argued that medication examination report does not support theory of rape as opinion has been recorded like this that 'no definite opinion regarding sexual assault can be given'.
It is also argued that there is no criminal history of the applicant in the past. It is also submitted 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 13th March, 2018.
Per contra, learned Additional Government Advocate has vehemently opposed the appeal but could not dispute the aforesaid facts and also the medical examination report does not support the theory of the rape.
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 19th February, 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 Atmesh