Court No. - 41 Case :- CRIMINAL APPEAL No. - 4437 of 2018 Appellant :- Kapil Yadav Respondent :- State Of U.P. And Another Counsel for Appellant :- Parmeshwar Yadav Counsel for Respondent :- G.A.
Hon'ble Aniruddha Singh,J.
Notice has been served personally upon complainant but none is present on behalf of the complainant.
Heard learned counsel for the parties and perused the record.
This criminal appeal has been filed against order dated 30.07.2018 passed by Additional Session Judge, Court No.2, Maharajganj, in Criminal Misc.Bail Application No.937 of 2018 arising out of Complaint Case No.2579 of 2016 (Kalewa vs. Ramshankar and another) registered as Special S.T. No.478 of 2017, under sections 3(1)(B)(1) and 3(1)(da) and (gha) SC/ST Act and Sections 323, 506, 354-B I.P.C. read with 3(2)V-ka SC/ST Act, Police Station Purandarpur, District Maharajganj, whereby bail application of the appellant was rejected.
According to the prosecution case, accused Ram Shankar and Kapil Yadav were summoned by Additional Session Judge, Court No.4 vide order dated 18.09.2017 under section 3(1)(B)(1) and 3(1)(da) and (gha) SC/ST Act and Sections 323, 506, 354-B I.P.C. read with 3(2)V-ka SC/ST Act.
Learned counsel for the appellant submitted that the appellant has been falsely implicated in this case. He is languishing in jail since 25.07.2018 (more than one month) having no criminal history and if he is enlarged on bail, he will not abscond or tamper with the evidence. There is no specific allegation against the appellant about sexual harassment. No injury was found on the body of the prosecutrix. 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 30.07.2018 rejecting the bail of the appellant is hereby set aside.
Let the appellant, Kapil Yadav, involved in Complaint Case No.2579 of 2016 (Kalewa vs. Ramshankar and another) registered as Special S.T. No.478 of 2017, under sections 3(1)(B)(1) and 3(1)(da) and (gha) SC/ST Act and Sections 323, 506, 354-B I.P.C. read with 3(2)V-ka SC/ST Act, Police Station Purandarpur, District Maharajganj, 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 appellant will not tamper with the evidence during the trial.
(ii). The appellant will not pressurize/intimidate the prosecution witness.
(iii). The appellant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) 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.
(v) 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.
Order Date :- 30.8.2018 SKD