Court No. - 41 Case :- CRIMINAL APPEAL No. - 5712 of 2018 Appellant :- Raj Kumar @ Raju Respondent :- State Of U.P. And Another Counsel for Appellant :- Virendra Singh Patel Counsel for Respondent :- G.A.,Fakhruzzaman Hon'ble Aniruddha Singh,J.
Crl.Misc. Bail Application No.1 of 2018 Heard learned counsel for the appellant, learned AGA for the State, Sri Samsulzzaman, Advocate, holding brief of Sri Fakhruzzaman, learned counsel for the complainant and perused the record.
This criminal appeal has been filed against order dated 31.8.2018 passed by II Additional Sessions Judge/Special Judge SC/ST Act, Jhansi, arising out of Case Crime No. 253 of 2018, under Sections 354, 452, 324, 504, 506 IPC and Section 3(1)(5) Da, Dha of SC/ST Act, Police Station- Babina, District-Jhansi, whereby bail application of appellant was rejected.
According to the prosecution case F.I.R. was lodged against appellant Raj Kumar @ Raju that on 06.08.2018, he assaulted Smt.Jyoti and outraged her modesty by which she received two injuries, contusion and lacerated wound.
Learned counsel for the appellant further submitted that the appellant is languishing in jail since 8.8.2018 (more than two and half months); having no criminal history; he has been falsely implicated in the this case; there is no independent witness and in case he is enlarged on bail, he will not misuse the liberty of bail and will co-operate in the trial.
Learned AGA as well as learned counsel for the complainant 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 31.8.2018 rejecting bail of appellant is hereby set aside.
Let appellant Raj Kumar @ Raju 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 :- 26.10.2018 SKD