Court No. - 41
Case :- CRIMINAL APPEAL No. - 4984 of 2018 Appellant :- Pravesh Singh Respondent :- State Of U.P. And Another Counsel for Appellant :- Shiv Kumar Singh Rajawat Counsel for Respondent :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit filed by learned A.G.A. is taken on record.
According to office report dated 24.9.2018, notice on opposite party no.2-Constable 1819 Devendra Kumar has been served, but none is present on behalf of the complainant.
Heard learned counsel for the appellant and learned AGA for the State and perused the record.
This criminal appeal has been filed against order dated 30.7.2018 passed by the II Additional Sessions Judge/Special Judge, S.C./S.T. Act, Jhansi in Bail Application No. 1320 of 2018, arising out of Case Crime No. 243 of 2018, under Sections 147, 148, 149, 307, 308, 336, 332, 333, 353, 342, 504 IPC and Section 7 of Criminal Law (Amendment) Act and Section 3(2)(5) of SC/ST Act, Police Station- Mauranipur, District- Jhansi whereby bail application of appellant was rejected.
According to the prosecution case F.I.R. was lodged against eight accused persons, namely, Shankar Singh Parihar, Dalpat Singh, Ravindra Singh, Beeru Tomar, Devendra Kumar, Pravesh Singh, Mangal Singh and Harendra Singh alleging that on 23.6.2018 at 11:50 a.m. they assaulted Bharatlal Gautam S.I. and Constable Devendra Kumar. Bharatlal Gautam received three injuries, two lacerated wounds and one abrasion and Devendra Kumar received five injuries, one lacerated wound and four abrasions, but the injuries were not found dangerous to life.
Learned counsel for the appellant submitted that appellant is languishing in jail since 23.6.2018 (about three months); having no criminal history; there is no independent witness; he has been falsely implicated; the injuries received by the injured are not dangerous to life; they are the police personnel and has been falsely implicated to the appellant due to previous enmity and if he is enlarged on bail, he will not misuse the liberty of bail and will co-operate in the trial.
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 30.7.2018 rejecting bail of appellant is hereby set aside.
Let appellant Pravesh Singh 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.
Office is directed to send the lower court record to the concerned court immediately, if it has been received.
Order Date :- 25.9.2018 OP