Allahabad High Court
Wasib vs State Of U.P. And Another on 1 May, 2019
Bench: Ajit Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 71
Case :- CRIMINAL APPEAL No. - 1213 of 2019
Appellant :- Wasib
Respondent :- State Of U.P. And Another
Counsel for Appellant :- Rahul Saxena,Mujeeb Haider,Shahid Ali Siddiqui
Counsel for Respondent :- G.A.,Santosh Kumar Singh,Syed Wajid Ali
Hon'ble Ajit Singh,J.
Counter, Rejoinder and Supplementary affidavits filed today, are taken on record.
Learned counsel for the appellant is permitted to correct the prayer clause during the course of the day.
Heard learned counsel for the appellant, learned counsel for the opposite party 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 4.12.2018 passed by learned Additional Sessions Judge-IInd/Special Judge (SC/ST Act), Bareilly in Bail Application No.5558 of 2018 & CNR No. UPBR01-020227 of 2018 (Wasib Vs. State of U.P.), arising out of Case crime No. 444 of 2018, under Sections 363, 366, 376D, 376 I.P.C. and 3(2)(5) of SC/ST Act, P.S. Nawabganj, District Bareilly 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 due to village party bandi and enmity. He further submitted that the incident took place on 19.9.2018 and the first information report was lodged after and inordinate and unexplained delay of three days on 22.9.2018. He further submitted that the victim was in a consensual relationship with the appellant. He further submitted that as per the report of Chief Medical Officer, Bareilly, the age of the girl is 19 years. He further submitted that the statement of the victim recorded under Section 161 Cr.P.C., wherein she has leveled the allegation of rape, copy whereof has been annexed on page 32 of the paper book and statement recorded under Section 164 Cr.P.C. wherein the victim has told that her age is about 19 years and she has named the appellant-Wasib and two other persons Imran and Raja who had also committed rape with her but after investigation, police has submitted charge sheet only against accused Wasib. Lastly he submitted that the appellant is languishing in jail for more than five months 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. as well as learned counsel for the opposite party no.2 has vehemently opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the appellant.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case, period of detention in jail, 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 Wasib 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 :- 1.5.2019
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