Court No. - 59
Case :- CRIMINAL APPEAL No. - 4661 of 2018 Appellant :- Babul Mistri Respondent :- State Of U.P. And Anr.
Counsel for Appellant :- Sunil Kumar Tiwari Counsel for Respondent :- G.A.,Akhilesh Kumar Pandey
Hon'ble Suneet Kumar,J.
Heard Sri Sunil Kumar Tiwari, learned counsel for the appellant, Sri Akhilesh Kumar Pandey, learned counsel for the informant and learned AGA for the State, and perused the record.
This criminal appeal has been filed against order dated 17.04.2018 passed by learned Additional Sessions Judge, Court No. 2, Muzaffar Nagar in arising out of S.T. No. 320 of 2018 as well as Bail Application No. 162 of 2018 and 976 of 2018, in Case Crime No. 145 of 2017, under Section 302, 201 I.P.C. and 3(2)(5) SC/ST (Prevention of Atrocities) Act, Police Station Ramraj, District Muzaffar Nagar, whereby, bail application of appellant was rejected.
It is urged by learned counsel for the appellant that co-accused Randhir Singh has already been enlarged on bail; copy of bail order placed on record; similar role has been assigned to the appellant; name of the appellant surfaced in the extra judicial confessional statement; no recovery has been made from the appellant; he is languishing in jail since 17.04.2018 (more than seven months) having no criminal history and if he is enlarged on bail, he will not abscond or tamper the evidence.
Learned AGA 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 30.04.2018 rejecting bail of appellant is hereby set aside.
Let the appellant, Babul Mistri, 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