Court No. - 60
Case :- CRIMINAL APPEAL No. - 1249 of 2018 Appellant :- Karan Srivastava Respondent :- State Of U.P. And 2 Others Counsel for Appellant :- Mahesh Kumar Counsel for Respondent :- G.A.
Hon'ble Rajiv Lochan Mehrotra,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.
The present criminal appeal has been preferred against the order dated 23.12.2017 passed in bail application No. 2525 of 2017(Karan Srivastava Vs. State of U.P) in case crime No. 423 of 2017, under Sections 147, 148, 149, 307, 120-B IPC and 3(2)5 SC/ST Act, P.S. Seepari Bazar District-Jhansi.
As per prosecution case, on 19.10.2017 at about 5:00 pm, the injured-Brij Mohan was standing in front of his house. Some unknown persons reached there on motorcycle and fired at him causing injury on his right thigh. As per medical report, a lacerated wound of size 0.7 cm diameter was observed on the interior aspect of his mid thigh.
It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. It is further contended that the applicant is not named in the FIR. It is next contended that the alleged injury received by the injured is not on the vital part. The appellant has no criminal history. He is languishing in jail since 21.10.2017.
Per contra, learned A.G.A. has opposed the prayer of the applicant.
Upon hearing learned counsel for the parties and perusal of the record, it transpires that learned trial court has committed manifest error in scrutinizing the evidence available on record. The finding of the trial court is therefore unwise in rejecting the bail application. Hence, the appeal is liable to be allowed and the impugned order dated 23.12.2017 is liable to be set aside.
keeping in view the nature of offence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, the appeal is allowed and the applicant is liable to be released on bail.
Let the applicant Karan Srivastava involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 27.3.2018 Sumit S