Court No. - 45
Case :- CRIMINAL APPEAL No. - 4456 of 2018 Appellant :- Bharat And Anr.
Respondent :- State Of U.P. And Anr. Counsel for Appellant :- Purushottam Dixit Counsel for Respondent :- G.A.
Hon'ble Siddharth,J.
As per office report dated 15.9.2018 service of notice upon the opposite party no.2 is sufficient.
List has been revised. No one appears on behalf of the opposite party no.2.
Heard learned counsel for the appellants,learned AGA for the State, and perused the record.
This criminal appeal has been filed against order dated 19.7.2018 passed by Additional District and Sessions Judge(SC/ST Act) Court No.2, Aligarh in Bail Application No. 3196 of 2018(Pankaj Yadav vs. State of U.P.) arising out of Case Crime No. 262 of 2018 under Section 147, 148, 323, 452, 325, 308, 504, 506 IPC and section 3(2) 5-A SC/ST(P.A.) Act, Police Station Sasni Gate, District Aligarh whereby bail application of appellants was rejected.
The argument is that there are general allegation of causing injury to Dharmendra and Bobby against all the accuseds.The appellants have been falsely implicated in this case on account of political rivalry and village party bandi. The appellants are languishing in jail since 4.7.2018 having no criminal history and if they 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 19.7.2018 rejecting bail of appellants is hereby set aside.
Let appellants Bharat and Gatuwa alias Shiva 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 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 :- 17.9.2018 Atul kr. sri.