Allahabad High Court
Sanjay Prajapati vs State Of U.P. And Another on 22 January, 2021
Bench: Ajit Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 88
Case :- CRIMINAL APPEAL No. - 3093 of 2020
Appellant :- Sanjay Prajapati
Respondent :- State of U.P. and Another
Counsel for Appellant :- Dhirendra Babu Mishra,Abhishek Mishra
Counsel for Respondent :- G.A.,Pramod Kumar Srivastava
Hon'ble Ajit Kumar,J.
Counter affidavit filed by learned A.G.A. is taken on record.
Heard learned counsels for the parties and perused the record.
This Criminal appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred by the appellant- Sanjay Prajapati with the prayer to set aside the bail rejection order dated 24.09.2020 passed by learned Special Judge (SC/ST Act), Kaushambi in Bail Application No. 79 of 2020 in Case Crime No. 84 of 2019, under Sections 323, 376, 504, 506 I.P.C. and Section 3(2)(V) and 3(1) (gha) SC/ST Act, P.S.- Mahewa Ghat, District- Kaushambi.
As per the allegations made in the first information report, the girl of informant who was aged about 20 years was lifted by the named accused person in the night of 01.08.2019 at about 9.00 p.m., when she could not be traced out and her whereabouts could not be known, the first information report has come to be lodged.
It has been submitted by learned Counsel for the appellant-applicant that the appellant is quite innocent and has been falsely implicated for ulterior motives. It is also argued that as per the statement recorded under Section 164 Cr.P.C. both the present applicant as well as co accused Prem Chandra have been categorically named in connection with the offence allegedly committed upon her. It is argued that Prem Chandra has already been enlarged on bail as his appeal stood allowed vide detailed judgment and order of this Court dated 29.01.2020 passed in Criminal Appeal No. 6426 of 2019. Besides above it is also argued that the medical examination report does not support the theory of rape and physical assault, if any, allegedly committed upon the victim.It is further argued by the learned counsel that the applicant has no criminal history to his credit. However, 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 10.08.2019.
Though the appeal has been opposed vehemently by the learned A.G.A. as well as learned counsel for the complainant but they could not dispute the aforesaid facts.
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.
Nothing convincing has been argued on behalf of the State so as to justify and sustain the order passed by the court below rejecting the bail application of the appellant.
Thus, in view of the above 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 24.09.2020 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 :- 22.1.2021
IrfanUddin
