Court No. - 41
Case :- CRIMINAL APPEAL No. - 4518 of 2018 Appellant :- Kamla Prasad Yadav Respondent :- State Of U.P. And Another Counsel for Appellant :- Mohd. Shabbir,Mohd Shamim Khan Counsel for Respondent :- G.A.
Hon'ble Aniruddha Singh,J.
Sri Kaushalesh Prasad Tiwari, learned A.G.A. states that notice has been served on opposite party no.2-Smt. Sharda Devi, but none is present on behalf of the complainant.
Heard learned counsel for the appellant and learned AGA for the State and perused the record.
This criminal appeal has been filed against order dated 23.7.2018 passed by Additional Sessions Judge/ Special Judge S.C./S.T. Act, Siddharthnagar in Bail Application No.637 of 2018, arising out of Case Crime No. 53 of 2018, under Sections 354Kha, 323, 504 506 IPC and Section 3(2)(5A) (Dha) (Gha) of SC/ST Act, Police Station- Uska Bazar, District- Siddharthnagar (State Vs. Kamla Prasad Yadav) whereby bail application of appellant was rejected.
According to the prosecution case F.I.R. was lodged against the present appellant alleging that on 3.6.2018 he assaulted Smt. Sharda Devi with intent to outrage her modesty.
Learned counsel for the appellant submitted that the appellant is languishing in jail since 14.7.2018 (one and half months); having no criminal history; he has been falsely implicated; no injury was found on the body of the injured; there is no specific allegation about sexual harassment; there is no independent witness and if he is enlarged on bail, he will not misuse the liberty of bail and will co-operate in the trial.
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 23.7.2018 rejecting bail of appellant is hereby set aside.
Let appellant Kamla Prasad Yadav 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 breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Office is directed to send the lower court record to the concerned court immediately, if it has been received.
Order Date :- 31.8.2018 OP