Court No. - 45
Case :- CRIMINAL APPEAL No. - 4454 of 2018 Appellant :- Pankaj Yadav Alias Lala Respondent :- State Of U.P. And Anr. Counsel for Appellant :- Purushottam Dixit Counsel for Respondent :- G.A.
Hon'ble Siddharth,J.
As per office report dated 15.9.2018 service of notice upon the opposite party no.2 is sufficient.
List has been revised. No one appears on behalf of the opposite party no.2.
Heard learned counsel for the appellant,learned AGA for the State, and perused the record.
This criminal appeal has been filed against order dated 19.7.2018 passed by Additional District and Sessions Judge(SC/ST Act) Court No.2, Aligarh in Bail Application No. 3306 of 2018(Pankaj Yadav vs. State of U.P.) arising out of Case Crime No. 262 of 2018 under Section 147, 148, 323, 452, 325, 308, 504, 506 IPC and section 3(2) 5-A SC/ST(P.A.) Act, Police Station Sasni Gate, District Aligarh whereby bail application of appellant was rejected.
The argument is that there are general allegation of causing injury to Dharmendra and Bobby against all the accuseds.The appellant has been falsely implicated in this case on account of political rivalry and village party bandi. The appellant is languishing in jail since 4.7.2018 having no criminal history and if he is enlarged on bail, he will not abscond or tamper with the evidence.
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 19.7.2018 rejecting bail of appellant is hereby set aside.
Let appellant Pankaj Yadav alias Lala 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 :- 17.9.2018 Atul kr. sri.