Court No. - 55
Case :- CRIMINAL APPEAL No. - 420 of 2018 Appellant :- Guru Sewak Respondent :- State Of U.P.
Counsel for Appellant :- Mr Amrendra Nath Singh Counsel for Respondent :- A.G.A.,Manoj Kumar Tripathi,Vinod Kumar Tirpathi
Hon'ble Aniruddha Singh,J.
Counter affidavit filed today is taken on record.
Heard Sri Amrendra Nath Singh, learned Counsel for the appellant, learned A.G.A. and perused the record.
The present Criminal Appeal has been filed against the order dated 07.12.2017 passed by Additional Sessions Judge, Court No.2, Bijnore in Bail Application No.2447 of 2017 (State Vs. Sewak) and Bail Application No. 2731 of 2017 (State Vs. Harikishan), Case Crime No. 382 of 2017, under Sections 302, 201 I.P.C & 3(2)5 SC/ST Act, Police Station Badhapur, District Bijnore.
According to the prosecution case the F.I.R. was lodged against three accused persons, namely, Gurusewak, Harikishan son of Harlal and Harikishan son of Pooran Singh alleging that on 03.10.2017 sister-in-law (Bhabhi) of the complainant Chandrawati went with these accused on a telephone call; subsequently her dead body was found.
Learned counsel for the appellant/applicant that the appellant has been falsely implicated in the present case; there is no independent witness against the appellant; the F.I.R. was lodged by the brother-in-law (Dewar) of the deceased only on the basis of suspicion who was living separately from the deceased; learned counsel for the appellant further submitted that one application was moved by the deceased Chandrawati on 04.08.2017 against Ram Singh etc. alleging that on 29.06.2017 Ram Singh and other accused persons have misbehaved with her and assaulted her to outrage her modesty and attempted to rape her; the husband of the deceased has made an application on 27.10.2017 against Ram Singh, Roop Chandra, Ram Kishore, Nain Singh and Satpaal alleging that they have killed his wife due to previous enmity; there is no motive against the applicant; no eye-witness account is against the applicant; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 17.10.2017(more than six months);having no criminal history.
Learned A.G.A. opposed the prayer for bail but admitted that there is no criminal history against appellant and submits that appeal has to be dismissed.
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 07.12.2017 rejecting bail of appellant is hereby set aside.
Let the appellant/applicant Guru Sewak be released in Bail Application No.2447 of 2017 (State Vs. Sewak) and Bail Application No. 2731 of 2017 (State Vs. Harikishan), passed by Additional Sessions Judge, Court No.2, Bijnore in Case Crime No. 382 of 2017, under Sections 302, 201 I.P.C & 3(2)5 SC/ST Act, Police Station Badhapur, District Bijnore, on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:
i) The appellant/applicant shall not tamper with the prosecution evidence.
ii) The appellant/applicant shall not threaten or harass the prosecution witnesses.
iii) The appellant/applicant shall appear on the date fixed by the trial court.
iv) The appellant/applicant shall not commit an offence similar to the offence of which the appellant/applicant is accused, or suspected of the commission, of which appellant/applicant is suspected.
v) The appellant/applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 :- 27.4.2018 A. Tripathi