Court No. - 41
Case :- CRIMINAL APPEAL No. - 4171 of 2018 Appellant :- Nasir @ Kallu And 3 Ors.
Respondent :- State Of U.P. And Anr.
Counsel for Appellant :- Ganesh Shanker Srivastava Counsel for Respondent :- G.A.
Hon'ble Aniruddha Singh,J.
Notice has been served upon opposite party No. 2.
Heard learned counsel for the appellants, learned AGA for the State and perused the record.
This criminal appeal has been filed against order dated 23.7.2018 passed by Additional Sessions / Special Judge (S.C./S.T. Act), Siddharth Nagar in Bail Application No. 621 of 2018 (Nasir @ Kallu & 3 Ors. vs. State of U.P.) arising out of Case Crime No. 55 of 2018, under Sections 147, 148, 149, 307, 452, 323, 427, 336, 504, 506 IPC and Section 3(2)5 of S.C./S.T.
Act and 7 of Criminal Law Amendment Act, Police Station- Itwa, District- Siddharth Nagar whereby bail application of appellants was rejected.
According to prosecution case F.I.R. was lodged against 20 named and 50 unknown persons alleging that on 6.5.2018 at the time of marriage they assaulted to eight persons but all injuries were found simple in nature.
Learned counsel for the appellants submitted that the appellants No. 1 to 3, namely, Nasir @ Kallu, Altaf Hussain, Mohd. Firoj are languishing in jail since 7.5.2018, whereas the appellant No. 4 Mahin @ Saifullah is languishing in jail since 8.5.2018 (more than two and half months); having no criminal history; general role has been assigned against 17 persons; incident was taken on spur of moment; it was not planned; no offence under Section 307 I.P.C. is made out against the appellants; there is no independent witness and if they are enlarged on bail, they will not misuse the liberty of bail or tamper with the evidence. He further submits that there is no likelihood of case being heard in near future.
Learned AGA opposed the prayer for bail but admitted that the appellants have 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 appellants have made out a case for bail. The appeal is allowed. Impugned order dated 23.7.2018 rejecting bail of appellants is hereby set aside.
Let appellants Nasir @ Kallu, Altaf Hussain, Mohd. Firoj and Mahin @ Saifullah 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 appellants will not tamper with the evidence during the trial.
2. The appellants will not pressurize/ intimidate the prosecution witness.
3. The appellants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The appellants 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 appellants 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 them 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.
Office is directed to send the lower court record to the concerned court immediately, if it has been received.
Order Date :- 30.8.2018 NS