Court No. - 41
Case :- CRIMINAL APPEAL No. - 3668 of 2018 Appellant :- Antim Singh @ Lalla Patel Respondent :- State Of U.P. And Another Counsel for Appellant :- Vishesh Kumar,Ravindra Sonker Counsel for Respondent :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the appellant and learned AGA for the State and Sri Ravindra Sonker, learned counsel for the complainant, and perused the record.
This criminal appeal has been filed against order dated 26.5.2018 passed by Special Judge, S.C./S.T. Act,Allahabad in Bail Application No.598 of 2018 ( Antim Singh vs. State of U.P.) arising out of Case Crime No. 08 of 2018, under Sections 363, 506 IPC and Section 3(2)(va) of SC/ST (Prevention of Atrocities) Act, Police Station- Bara, District- Allahabad whereby bail application of appellant was rejected.
According to the prosecution case F.I.R. was lodged against the present appellant alleging that on 2.2. 2018 he kidnapped the daughter of the complainant.
Learned counsel for the appellant submitted that the appellant is languishing in jail since 2.2.2018 (more than seven months); having no criminal history; there is no independent witness; according to statement under Section 164 Cr.P.C. of the prosecutrix she stated that she rode on the motorcycle of the appellant; only attempt was made but nothing has been done and if he is enlarged on bail, he will not misuse the liberty of bail and will co-operate in the trial.
Learned AGA and learned counsel for the complainant 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 26.5.2018 rejecting bail of appellant is hereby set aside.
Let appellant Antim Singh @ Lalla Patel 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.
Office is directed to send the lower court record to the concerned court immediately, if it has been received.
Order Date :- 5.9.2018 OP