Court No. - 41 Case :- CRIMINAL APPEAL No. - 3660 of 2018 Appellant :- Kapil Respondent :- State Of U.P. And 2 Ors.
Counsel for Appellant :- Varun Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Aniruddha Singh,J.
Notice on opposite party nos.2 and 3 has been personally served on 11.07.2018. Notice served upon opposite party nos.2 and 3 is deemed to be sufficient but none is present on behalf of opposite party nos. 2 and 3.
In compliance of order dated 30.08.2018 of O.S.D.(J)(Criminal), it has been reported that the jurisdiction of hearing this Criminal Appeal 3660 of 2018 (Kapil vs. State & 2 others) pertaining to Case No.249 of 2018 (u/s 452, 354, 323, 504, 506, 325 IPC & 3(2)(5) SC & ST Act) is to Court No.41.
Heard learned counsel for the parties and perused the record.
This criminal appeal has been filed against order dated 13.06.2018 passed by Incharge Additional Session Judge, Special (SC/ST Act) Baghpat, in Criminal Misc.Bail Application No.28 of 2018, (Kapil Vs. State of U.P. ) in Case Crime No.249 of 2018, under sections 452, 354, 323, 504, 506, 325 IPC and 3(2) 5A of SC/ST Act, Police Station Ramala, District Baghpat, whereby bail application of the appellant was rejected.
According to the prosecution case, F.I.R. was lodged against three accused persons namely Kapil Jat, Akash and Subhash, alleging that on 29.08.2017 they were assaulted the daughter of the complainant with intent to outrage her modesty, hence, she received some injuries. According to the statement under section 164 Cr.P.C. prosecutrix has stated that the applicant has made attempt to assault her. No family member of the prosecutrix was present at the time of the incident, she was alone.
Learned counsel for the appellant submitted that the appellant has been falsely implicated in this case. He is languishing in jail since 29.04.2018 (more than four months) having no criminal history and if he is enlarged on bail, he will not abscond or tamper with the evidence. The injury received by the injured is simple in nature. Actually no sexual harassment was done by the applicant. There is no independent witness.
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 13.06.2018 rejecting the bail of the appellant is hereby set aside.
Let the applicant, Kapil, involved in Case Crime No.Case Crime No.249 of 2018, under sections 452, 354, 323, 504, 506, 325 IPC and 3(2) 5A of SC/ST Act, Police Station Ramala, District Baghpat, be released on bail on furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
(i). The applicant will not tamper with the evidence during the trial.
(ii). The applicant will not pressurize/intimidate the prosecution witness.
(iii). The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
(v) The applicant 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.
Order Date :- 5.9.2018 SKD