Court No. - 59
Case :- CRIMINAL APPEAL No. - 612 of 2018 Appellant :- Mahendra Yadav Respondent :- State Of U.P. And Another Counsel for Appellant :- Rupak Chaubey,Devesh Kumar Counsel for Respondent :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the appellant and learned AGA for the State, and perused the record. Notice upon opposite party no.2 has been served.
This criminal appeal has been filed against order dated 17.01.2018 passed by learned Special Judge/S.C. S.T. (P.A.) Act, Hamirpur in Bail Application No. 12 of 2018 (Mahendra Yadav vs. State of U.P.) arising out of Case Crime No. 267 of 2017, under Section 302 I.P.C. and 3(2)(5) SC/ST Act, Police Station Kurara, District Hamirpur, whereby, bail application of appellant was rejected.
As per prosecution case, the deceased is said to have been murdered by unknown persons; in the second statement, informant raised suspicion against the appellant and another co-accused; postmortem examination report shows the cause of death due to shock as a result of antemortem four injuries; two lacerated wound on skull and left leg and two abrasions on the chest and underlying bone. It is urged by learned counsel for the appellant that the appellant has been falsely implicated; the assault weapon danda has been discovered from the pit; no blood stain was found; the prosecution version has been developed after the postmortem examination report; there is no other evidence except the confessional statement of the appellant; he is languishing in jail since 03.10.2017; criminal antecedent has been explained and if he is enlarged on bail, he will not abscond or tamper the evidence.
Learned AGA opposed the prayer for bail.
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 17.01.2018 rejecting bail of appellant is hereby set aside.
Let appellant Mahendra 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.
Order Date :- 5.9.2018 K.K. Maurya