Court No. - 64
Case :- CRIMINAL APPEAL No. - 3776 of 2021 Appellant :- Vimlesh Bind Respondent :- State of U.P. and Another Counsel for Appellant :- Ranvijay Chaubey,Manoj Kumar Singh,Swatantra Singh Counsel for Respondent :- G.A.,Sarveshwar Singh,Surendra Singh Chauhan
Hon'ble Saumitra Dayal Singh,J.
1. List has been revised. None appears on behalf of the opposite party No.2.
2. Heard Sri Manoj Kumar Singh, learned counsel for the appellant; Sri Ashwani Prakash Tripathi, learned AGA for the State and perused the material placed on record.
3. 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 12.7.2021, passed by learned Special Judge S.C./S.T. (Prevention of Atrocities) Act, Jaunpur, in Case Crime No. 165 of 2021, under Sections - 366, 376, 120-B I.P.C. and Section 3(2)5A S.C./S.T.
(Prevention of Atrocities) Act, Police Station - Sarai Khwaja, District - Jaunpur, whereby bail application of the appellant has been rejected.
4. At the outset, learned counsel for the appellant submits, against the FIR lodged on 27.5.2021, the appellant is in confinement since 23.6.2021; 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; chargesheet has already been submitted yet, trial has not commenced. Therefore, there is no hope of early conclusion of the trial; on prima facie basis, it has been submitted, the appellant has been falsely implicated on account of a failed relationship; referring to the FIR allegations, it has been submitted that the parties were known from before; they were in a relationship; the victim girl was more than 20 years of age on the date of occurrence; also there is no medical evidence or other corroborative material to support the allegation of rape. Also, it has been submitted, the allegations of violation of SC/ST Act are general and made to lend colour to the story.
5. Learned A.G.A. has vehemently opposed the prayer for bail of the appellant.
6. 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.
7. Without drawing any inference as to facts, in view of the above noted facts & 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.
8. Accordingly, this appeal is allowed and the impugned order dated 12.7.2021, rejecting the bail of the appellant is set aside.
9. Let the accused-appellant, namely, Vimlesh Bind, 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 :- 21.12.2021 Faraz