Court No. - 41
Case :- CRIMINAL APPEAL No. - 1155 of 2018 Appellant :- Awdhesh Kumar And Another Respondent :- State Of U.P. And Another Counsel for Appellant :- Harish Chandra Mishra Counsel for Respondent :- G.A.
Hon'ble Aniruddha Singh,J.
As per office report dated 4.7.2018, notice issued to opposite party No. 2 has been served, but none has appeared on behalf of the complainant.
In the present appeal, the accused-appellant, namely, Awadhesh Kumar and Chhotu @ Guttu have already been enlarged on interim bail vide order dated 29.3.2018 passed by this Court.
Heard learned counsel for the appellants and learned AGA for the State, and perused the record.
This criminal appeal has been filed against order dated 2.2.2018 passed by Special Judge(SC/ST Act), Jhansi in Bail Application No.198 of 2018(Awadhesh Kumar and Chootu @ Guttu vs. State of U.P.) arising out of Case Crime No. 02 of 2018 under Section 308, 323, 336, 504 IPC and 3(2) 5-A SC/ST Act, Police Station Sadar Bazar, District Jhansi whereby bail application of appellants was rejected.
Brief facts of the case are that FIR was lodged against Sudhir, Guddu, Awdhesh Khangar and Kallu Khangar alleging that on 3.1.2018 they assaulted complainant Roshan Lal Ahirwar with iron rod and pelted stones on his house. He received one head injury.
Learned counsel for the appellants submitted that the appellants have been falsely implicated in this case. General role was assigned to all the accused in the present case and only one injury was received by injured/complainant. There is no independent witness. There is cross case No. 04 of 2018 to the effect that Awdhesh and Sudhir from the side of appellants have been assaulted and they received two injuries each. At this stage, it is not possible to hold as to which side is aggressor. It is further submitted that co-accused, Vinod @ Kallu has been enlarged on bail by another Bench of this Court vide order dated 5.7.2018 in Criminal Appeal No. 1727 of 2018. The appellants are languishing in jail since 4.1.2018 (more than seven months) having no criminal history and if they are enlarged on bail, they will not abscond or tamper with the evidence.
Learned AGA opposed the prayer for bail but admitted that the appellants have 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 appellants have made out a case for bail. The appeal is allowed. Impugned order dated 2.2.2018 rejecting bail of appellants is hereby set aside.
Let appellant Awadhesh Kumar and Chhotu @ Guttu involved in aforesaid case be released on bail on furnishing a personal bonds 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 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 :- 30.7.2018 Sumaira