Court No. - 41
Case :- CRIMINAL APPEAL No. - 2897 of 2018 Appellant :- Jagveer Respondent :- State Of U.P. And Anr.
Counsel for Appellant :- Sharda Prasad Mishra,Dinesh Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Aniruddha Singh,J.
Heard Sri S.P. Mishra and Shri Shri D.K. Misra, learned counsel for the appellant and learned AGA for the State and perused the record.
In criminal appeal no. 2738 of 2018 in same crime number, notice was served on the opposite party no. 2-Smt. Rajni on 16.7.2018, hence, no notice is required to be sent to opposite party no.2-Smt. Rajni in the present appeal. It is deemed to be sufficient.
This criminal appeal has been filed against the order dated 29.3.2018 passed by the learned Special Judge, Hapur in Bail Application No. 289 of 2018, arising out of Case Crime No. 37 of 2018, under Sections 323, 504, 506, 452, 307 IPC and 3(2) (5) of SC/ST Act, police station Bahadurgarh, district Hapur, whereby the bail application of appellant was rejected.
According to the prosecution case, first information report was lodged against four accused-persons, namely, Jagveer, Shubhash, Rampal and Vinod alleging that on 23.2.2018 after consuming wine by the accused as well as injured Dhannu some quarrel has taken place at the resident of injured, and thereafter, on the same night at about 11.30 p.m., all the four accused persons again came to the house of injured and fired shot on him due to which the injured, Dhannu has received gun shot injury on his chest.
Learned counsel for the appellant submitted that the appellant has falsely been implicated in the present case. General role has been assigned to all the accused persons. It is not clear who is the author of that injuries. The incident has taken place in the night and there is no independent witness of the incident. The accused-appellant is languishing in jail since 26.2.2018 (about five months) 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 general role has been assigned to all the accused persons and only one gun shot wound was found on the body of the injured.
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 29.3.2018 rejecting bail of appellant is hereby set aside.
Let appellant-Jagveer involved in Bail Application No. 289 of 2018, arising out of Case Crime No. 37 of 2018, under Sections 323, 504, 506, 452, 307 IPC and 3(2)(5) of SC/ST Act, police station Bahadurgarh, district Hapur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 30.7.2018 OP