Court No. - 41
Case :- CRIMINAL APPEAL No. - 4607 of 2018 Appellant :- Mudassir Respondent :- State Of U.P. And Another Counsel for Appellant :- Jai Shanker Malviya Counsel for Respondent :- G.A.
Hon'ble Aniruddha Singh,J.
Learned A.G.A. states that notice has been served on 23.8.2018 but none is present on behalf of complainant.
Heard learned counsel for the appellant and learned A.G.A. for the State and perused the record.
This criminal appeal has been filed against order dated 3.8.2018 passed by Special Judge, S.C./S.T. Act (P.A.) Act/ Second Additional Sessions Judge, Moradabad in Criminal Misc. Bail Application No.2398 of 2018 (Mudassir Vs. State of U.P.) arising out of Case Crime No.24 of 2018, under section 333 IPC and Section 3(2)(5) S.C./S.T. Act, Police Station Galshaheed, District Moradabad, whereby bail application of the appellant was rejected.
According to the prosecution case F.I.R. was lodged against accused Mudassir and three unknown persons alleging that on 17.1.2018 they assaulted member of electricity checking team in which Santosh Diwakar has received six injuries. All injuries are simple in nature.
Learned counsel for the appellant submitted that vide order dated 22.1.2018 the appellant has already been granted bail by trial court in the same case crime for the offence under Sections 186, 332, 353, 504, 506 IPC. During investigation Section 333 IPC and Section 3(2)(5) S.C./S.T. Act were added. The appellant is innocent and has been falsely implicated in the present case. Injuries found on the body of injured are simple in nature. He is languishing in jail since 3.8.2018 (more than one month) and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the appellant and admitted that applicant 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 3.5.2018 rejecting the bail of the appellant is hereby set aside.
Let appellant Mudassir 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 :- 12.9.2018 A. Singh