Court No. - 88
Case :- CRIMINAL APPEAL No. - 2104 of 2020 Appellant :- Vikas Patel Respondent :- State of U.P. and Another Counsel for Appellant :- Ruchita Jain, Counsel for Respondent :- G.A.,Om Prakash Yadav
Hon'ble Ajit Kumar,J.
Counter affidavit and rejoinder affidavit, both filed today, by learned counsel for the complainant and learned counsel for the appellant, respectively, is taken on record.
Heard Ms. Ruchita Jain, 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, 2015 has been preferred by the appellant- Vikas Patel with the prayer to set aside the order dated 30.05.2020 passed by learned Special Judge (SC/ST Act), Jhansi in Bail Application No. 618 of 2020 rejecting the bail application in Case Crime No. 36 of 2020 under Sections 376(2)(n) I.P.C. and Section 3(2)(v) and 3(2)(w)SC/ST Act, P.S.- Sipri Bazar, District- Jhansi.
Allegations in the first information report are that the victim used to visit her sister's house and there she came in contact with one Vikas Patel, applicant before this Court. On the basis of assurance to provide employment to her the applicant took her away on 13.12.2019 and both of them stayed in a hotel in Jhansi which was under construction where the applicant is said to have committed rape on her. The victim in her statement recorded under Section 164 Cr.P.C. has reiterated the similar story.
It has been submitted by learned Counsel for the appellant- applicant that the appellant is quite innocent and has been falsely implicated for ulterior motive. It is further argued that the victim is a consenting party and is major. It is next submitted that the victim on her own eloped with the applicant and it is evident from the medical examination report also that there is no sign or mark of injury or physical torture committed upon the victim. 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 30.1.2020.
Though the appeal has been opposed vehemently by the counsel for the complainant as well as the learned A.G.A. but they could not dispute the aforesaid facts and that medical examination report shows no sign of injury on the body of victim.
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 30.5.2020 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 :- 6.1.2021 Deepika