Court No. - 50
Case :- CRIMINAL APPEAL No. - 4039 of 2018 Appellant :- Jokhu Lal Respondent :- State Of U.P. And Anr.
Counsel for Appellant :- Santosh Kumar, Bakhteyar Yusuf Counsel for Respondent :- G.A.,Pramod Kumar Kesarwani
Hon'ble Ravindra Nath Kakkar,J.
Heard Sri Santosh Kumar, learned Counsel for the appellant, learned A.G.A. for the State, Shri Pramod Kumar Kesarwani, learned counsel for opposite party no.2 and perused the record.
The present Criminal Appeal has been filed against the order dated 17.07.2018 passed in Second Bail Application No. 2082 of 2018 (Jokhu Lal Vs. State of U.P.) in Case Crime No. 512 of 2016, under Sections 147, 148, 149, 302, 307, 286, 336 I.P.C. and Section 3(2)(V) S.C./S.T. Act, Police Station Soraon, District Allahabad whereby bail application of the appellant was rejected.
According to the prosecution case the F.I.R. was lodged against seven named and four unknown persons, namely, Heera Lal, Jagat Bahadur, Rajendra Prasad, Babbey, Jokhu Lal, Ram Chandra, Prem Chandra alleging that on 27.10.2016 they assaulted the injured by licensee gun and Dinesh, Kumar, Ramesh Chandra, Suneel Kumar, Ram Sunder, Aditya Pratap and the wife of Ram Kripal received injuries; Dinesh Kumar has received injury on vital part, resultantly died; specifically stated that Rajendra Prasad has shot fire on Dinesh Kumar.
Learned counsel for the appellant/applicant submitted that specific role of shot fire on deceased has been assigned against the co-accused Rajendra Prasad; except Rajendra Prasad general role has been assigned against all other accused persons; there is no independent witness against the appellants; there is no possibility to get this case be decided shortly in near future; in case the appellant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 17.12.2016 (more than one year and four months); having no criminal history.
Learned A.G.A. as well as learned counsel for opposite party no.2 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 17.07.2018 rejecting bail of appellant is hereby set aside.
Let the appellant/applicant Jokhu Lal be released in Second Bail Application No. 2082 of 2018 (Jokhu Lal Vs. State of U.P.) in Case Crime No. 512 of 2016, under Sections 147, 148, 149,302, 307, 286, 336 I.P.C.
and Section 3(2)(V) S.C./S.T. Act, P.S. Soraon, District Allahabad on his furnishing a personal bond and two reliable sureties each 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 :- 29.10.2018 Anand Sri./-