Court No. - 59
Case :- CRIMINAL APPEAL No. - 3548 of 2018 Appellant :- Abhimanyu Yadav And Anr.
Respondent :- State Of U.P. And Anr. Counsel for Appellant :- Santosh Kr. Singh Paliwal Counsel for Respondent :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the appellants and learned AGA for the State, and perused the record. Notice upon opposite party no.2 has been served.
This criminal appeal has been filed against order dated 01.06.2018 passed by Special Judge(SC/ST Act), Gorakhpur in Bail Application No. 1977 of 2018 (Abhimanyu Yadav and another vs. State of U.P.) arising out of Case Crime No. 305 of 2016 under Section 304 IPC and 3(2)(5) SC/ST Act, Police Station Badhalganj, District Gorakhpur whereby bail application of appellants was rejected.
Brief facts of the case are that FIR was lodged against the appellants, co-accused Lambu and one unknown person alleging that in the night on 7.7.2016 at the time of marriage some dispute arose over the DJ(music system) and they assaulted Sunil @ Gujji. He received internal grievous injuries and resultantly died.
Learned counsel for the appellants submitted that the co-accused Lambu @ Sanjay Yadav has already been enlarged on bail; copy of bail order placed on record; appellants have been falsely implicated; they are languishing in jail since 25.12.2017 having no criminal history and if they are enlarged on bail, they will not abscond or tamper with the evidence; according to postmortem report, no injury was found on the body of injured, viscera report shows presence of ethyl alcohol; there is no evidence against the accused persons; incident took place suddenly and there was no intention or knowledge to kill the deceased at the time of incident.
Learned AGA opposed the prayer for bail but admitted that the appellant has no criminal history.
For the foregoing discussions, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the view that the appellant has made out a case for bail. The appeal is allowed. Impugned order dated 01.06.2018 rejecting bail of appellants is hereby set aside.
Let appellants, Abhimanyu Yadav and Anoop Yadav, involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-
1. The appellants will not tamper with the evidence during the trial.
2. The appellants will not pressurize/ intimidate the prosecution witness.
3. The appellants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The appellants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The appellants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 5.9.2018 K.K. Maurya