Court No. - 71
Case :- CRIMINAL APPEAL No. - 3570 of 2019 Appellant :- Vikas Tyagi Respondent :- State Of U.P. And 2 Others Counsel for Appellant :- Rakesh Chandra Upadhyay,Sanjeev Kumar Tyagi Counsel for Respondent :- G.A.,Harindra Pratap
Hon'ble Ajit Singh,J.
Learned A.G.A. as well as learned counsel for the respondent no.2 filed counter affidavits, are taken on record.
Heard learned counsel for the appellant, Sri Harindra Pratap, learned counsel for the respondent no.2 and learned A.G.A. for the State. Perused the record.
This criminal appeal under Section 14 A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed challenging the order dated 19.3.2019 passed by Session Judge, Hapur in Bail Application No.319 of 2019 (Computer No.424 of 2019)(Vikas Tyagi Vs. State of U.P.), arising out of Case Crime No.1253 of 2018, under Sections 366, 376, 506 IPC and Section 3(2)(5-A) of SC/ST Act, Police Station Hapur Nagar, District Hapur, seeking bail in the aforesaid sections.
Learned counsel for the appellant has submitted that the appellant is quite innocent and has been falsely implicated in the present case. He further submitted that the victim has solemnized marriage with the present accused Vikas Tyagi of her own sweet will. He further submitted that there is a marriage registration certificate, which is annexed on page 82 of the paper book. He further submitted that the victim has not supported the prosecution version in her statement recorded under Section 161 Cr.P.C. He further submitted that in the marriage certificate the victim has mentioned her age is about 19 years. Lastly he submitted that the appellant is languishing in jail since 21.11.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Per contra, learned A.G.A., for the State as well as learned counsel for the respondent no.2 has vehemently opposed the prayer for bail.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the appeal is allowed and the aforementioned order is hereby set aside.
Let the appellant Vikas Tyagi be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned.
Order Date :- 30.5.2019 Mini