Court No. - 55
Case :- CRIMINAL APPEAL No. - 7133 of 2017 Appellant :- Anil Kumar @ Paruwa @ Satish Respondent :- State Of U.P.
Counsel for Appellant :- Rakesh Kumar Verma,Giri Ram Rawat,Shushil Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Aniruddha Singh,J.
Parcha filed by Sri Lalmani Bind appearing on behalf of appellant is taken on record.
Heard learned counsel for the appellant 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 6.10.2017 passed by Special Judge (D.A.A.)/Additional Sessions Judge, Etawah in Bail Application No. 383 of 2017 (Anil Kumar @ Paruwa @ Satish vs. State ) arising out of Case Crime No. 188 of 2017 under Sections 394,302,201,201,120-B, 411/34 I.P.C.and Section 3(2)5 of S.C./S.T.Act relating to Police Station Badhpura, District Etawah whereby bail application of appellant was rejected.
Brief facts of the case are that FIR was lodged against two accused persons,namely, Ballu and Rameshwar alleging that on 9.6.2017 at about 8.30 A.M. a Tractor Swaraj Model No. 735 FE, Engine No. 391354/GA001331A loaded with bricks was brought by Ballu to T.T.Chauraha from Kachaura Road Etawah. It is further alleged that two drivers namely Abhishek and Kallu along with their Tractors Sonalika and Swaraj were also going with the tractor Swaraj Model No. 735 FE. Later on they went ahead of the tractor of Ballu. It is further alleged that both the drivers namely Ballu and Rameshwar @ Kalia with their connivance have usurped the new tractor of the complainant with the act of cheating and fraud. During investigation, co- accused Rameshwar was arrested by the police personnel, he confessed and stated that he killed Ballu with the help of Anil Kumar @ Paruwa @ Satish (applicant).
Learned counsel for the appellant submitted that the appellant has been falsely implicated; the appellant is not named in FIR; during investigation, the name of accused was disclosed in the confessional statement of Rameshwar before the police personnel; he is languishing in jail since 19.6.2017 (more than ten months) having no criminal history and if he is enlarged on bail, he will not abscond or tamper with the evidence; he will not misuse the liberty of bail and will cooperate in the trial; there is no legal evidence against this accused; there is no independent witness against the appellant.
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 6.10.2017 rejecting bail of appellant is hereby set aside.
Let appellant Anil Kumar @ Paruwa @ Satish involved in Case Crime No.188 of 2017 under Sections 394,302,201, 120- B, 411/34 I.P.C. and Section 3(2)5 SC/ST Act, Police Station Badhpura, District Etawah be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The appellant shall not tamper with the prosecution evidence.
ii) The appellant shall not threaten or harass the prosecution witnesses.
iii) The appellant shall appear on the date fixed by the trial court.
iv) The appellant shall not commit an offence similar to the offence of which the appellant is accused, or suspected of the commission, of which appellant is suspected.
v) The appellant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the appellant 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 :- 30.4.2018/Su