Court No. - 59
Case :- CRIMINAL APPEAL No. - 2272 of 2018 Appellant :- Amit Respondent :- State Of U.P. And Anr.
Counsel for Appellant :- Rahul Kumar Tyagi Counsel for Respondent :- G.A.,Ram Bachan Yadav
Hon'ble Suneet Kumar,J.
Counter affidavit filed today is taken on record.
Heard Sri Rahul Kumar Tyagi, learned counsel for the appellant, Ram Bachan Yadav, learned counsel for the informant and learned AGA for the State, and perused the record.
This criminal appeal has been filed against order dated 30.03.2018 passed by learned Additional Sessions Judge, Special (SC/ST Act) Baghpat in Bail Application No. 07 of 2018 (Computer File No. 293 of 2018) arising out of Case Crime No. 264 of 2017, under Section 302/34, 394 I.P.C. and 3(2)(5) SC/ST Act, Police Station Baghpat, District Baghpat, whereby, bail application of appellant was rejected.
As per the prosecution case, the informant was informed that his son was subjected to fire arm injury by two persons; three persons were nominated in the F.I.R.; during investigation, the name of all the three nominated persons was dropped; subsequently, name of the applicant surfaced in the statement of other witnesses; co-accused Manoj in his confessional statement has confessed the commission of the offence; postmortem examination report shows single entry and exit wounds; role of firing has not been assigned to the applicant; on arrest, country made pistol was recovered from the applicant; apart from the confessional statement, there is no other evidence against the applicant; appellant is in jail since 10.05.2017; he is entitled to be released on bail.
Learned AGA and learned counsel for the informant have opposed the prayer for bail.
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 30.03.2018 rejecting bail of appellant is hereby set aside.
Let appellant Amit 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 appellant will not tamper with the evidence during the trial.
2. The appellant will not pressurize/ intimidate the prosecution witness.
3. The appellant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The appellant 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 him 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 :- 31.8.2018 K.K. Maurya