Court No. - 64
Case :- CRIMINAL APPEAL No. - 4618 of 2021 Appellant :- Vijay Shankar Nishad Respondent :- State of U.P. and Another Counsel for Appellant :- Mamta Singh,Anjeet Singh Counsel for Respondent :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Supplementary affidavit has been filed. Taken on record.
2. Despite service of notice on respondent no. 2, none has appeared on his behalf to oppose the appeal. Accordingly, the appeal is being proceeded on merits.
3. Heard Sri Anjeet Singh, learned counsel for the appellant and Sri Ashwini Prakash Tripathi, learned AGA for the State and perused the material placed on record.
4. 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 7.10.2021, passed by Special Judge (S.C./S.T. Act), Fatehpur, in Case Crime No. 81 of 2021, under Sections - 363, 366, 376 and 504 I.P.C. and Section 3(2)5, 3(2)5Ka of S.C./S.T. Act, Police Station - Hathgaon, District - Fatehpur, whereby bail application of the appellant has been rejected.
5. At the outset, learned counsel for the appellant submits, against the FIR lodged on 7.7.2021, the appellant is in confinement since 23.7.2021; 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; charge-sheet has already been submitted yet, trial has not commenced. Therefore, there is no hope of early conclusion of the trial; on prima facie basis, for the purpose of grant of bail, it has been submitted, false accusation has been made against the appellant owing to misunderstandings and misgivings between the parties. The victim girl had attained the age of majority on the date of occurrence. In her statement recorded at the trial, she has completely falsified the prosecution allegation as to the commission of rape or abduction. Also, it has been submitted, the allegations of violation of SC/ST Act are general and made to lend colour to the story.
6. Learned A.G.A. has vehemently opposed the prayer for bail of the appellant.
7. 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.
8. Without drawing any inference as to facts, in view of the above noted facts and 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.
9. Accordingly, this appeal is allowed and the impugned order dated 7.10.2021, rejecting the bail of the appellant is set aside.
10. Let the accused-appellant, namely, Vijay Shankar Nishad 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 :- 20.12.2021 Prakhar