Court No. - 45
Case :- CRIMINAL APPEAL No. - 4467 of 2018 Appellant :- Irshad Malik Respondent :- State Of U.P. And Another Counsel for Appellant :- Mohammad Belal 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 appellant,learned AGA for the State, and perused the record.
This criminal appeal has been filed against order dated 24.7.2018 passed bySpecial Judge (SC/ST Act)/ Additional Sessions Judg, Ghaziabad in Second Bail Application No. 4995 of 2018 in special Sessions Trial No. 43 of 2017 arising out of Case Crime No. 1623 of 2016 under Sections 420, 504, 506 IPC and section 3(1) 10 SC/ST(P.A.) Act, Police Station Sahibabad, District Ghaziabad whereby bail application of appellant was rejected.
The argument is that the appellant was initially enlarged on bail vide order dated 22.2.2017 by this court but he could not appear before the court below, therefore non-bailable warrants were issued against him on 12.7.2018 and 19.7.2018. Further argument is that trial has not started as yet. The appellant is languishing in jail since 19.7.2018 having no criminal history and if he is enlarged on bail, he will not abscond or tamper with the evidence.
Learned AGA 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 24.7.2018 rejecting bail of appellant is hereby set aside.
Let appellant Irshad Malik 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 default on behalf of appellant in appearing even on date, the bail granted to the appellant shall stand cancelled.
Order Date :- 17.9.2018 Atul kr. sri.