Court No. - 52
Case :- CRIMINAL APPEAL No. - 2314 of 2018 Appellant :- Raeesh @ Raees Respondent :- State Of U.P. And Anr.
Counsel for Appellant :- Imran Mabood Khan,Sharad Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Rajul Bhargava,J.
As indicated in the counter affidavit filed by the learned A.G.A., notice has been served personally on respondent No.02, yet no one has appeared on his behalf to oppose the bail prayer in the instant appeal.
Heard Sri Imran Mabood Khan, learned counsel for the appellant, learned AGA for the State and perused the record.
This appeal has been filed against judgement and order dated 4.4.2018 passed by learned Additional Sessions Judge/ Special Judge (SC/ST Act), Fatehpur passed in Bail Application No. 518 of 2018 (Raees vs. State of U.P.), arising out of Case Crime No. 111 of 2011, under Sections 147, 149, 342, 302 I.P.C. and Section 3(2)(5) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, P.S. Hathgaon, District Fatehpur, by which bail plea of appellant has been rejected.
Learned counsel for the appellant submitted that order of the learned court below rejecting bail application of applicant-appellant is bad in law. It is further submitted that in the F.I.R. it is alleged that the appellant and four others had taken the deceased along with them on 28.6.2011 at about 8.00 p.m. Next morning the father of the first informant was found murdered at a distance of 200 metres from a tubewell. It is argued that the matter was thoroughly investigated and on twice occasion final report was submitted by the police as no credible evidence against the appellant even of last seen could be collected. The appellant has been summoned after the rejection of final report. He next argued that other co-accused, namely, Sharif, Kafeel, Sabir and Sadiq have been granted bail by the court below. However, bail application of the appellant was rejected on the ground that he has criminal history of four cases. The orders granting bail to the co- accused-persons have been annexed along with the bail application. Learned counsel for the appellant submits that no mark of external injury was seen on the body of the deceased. Viscera was preserved as the cause of death could not be ascertained and till date Forensic Science Laboratory has not sent its report. Learned counsel for the appellant further submitted that learned court below has also failed to consider that there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Thus the appellant, who is in jail since 21.03.2018, deserves to be released on bail.
Learned AGA has vehemently opposed the bail prayer.
Having heard the submission of learned counsel of both sides, considering the facts and circumstances of the case, nature of accusation against appellant and evidence in support of it and unlikelihood of conclusion of trial in near future, I find that a case for bail has been made out.
In the result, appeal is allowed. The judgement and order dated 4.4.2018 passed by learned Additional Sessions Judge/ Special Judge (SC/ST Act), Fatehpur is set aside.
Let appellant-applicant-Raeesh @ Raees, be released on bail in aforesaid case on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant-appellant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant-appellant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant-appellant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 27.10.2018 MN/-