Court No. - 17
Case :- CRIMINAL APPEAL No. - 4496 of 2017
Appellant :- Raj Singh & 2 Others Respondent :- State Of U.P. & Another Counsel for Appellant :- Vishnu Murti Tripathi,Sushil Kumar Dwivedi Counsel for Respondent :- G.A.,Anil Kumar Gupta Hon'ble Dinesh Kumar Singh-I,J.
This appeal has been preferred against the judgement and order dated 8.8.2017 passed by the Additional Sessions Judge, Court No.3, Kaushambi whereby the said court has rejected the bail application No.375 of 2017 of the accused appellants in Crime No. 321 of 2016 under Sections 147, 323, 504, 506 and 336 I.P.C. and 3(1)D S.C./S.T. Act, P.S. Pipari, District Kaushambi.
Sri Sushil Kumar Dwivedi, learned counsel for the appellants is present and from the side of respondent No.2, Sri Shailendra Singh, advocate, holding brief of Sri Anil Kumar Gupta is present and stated that no counter-affidavit has been filed from the side of respondent No.2 nor does he want to file it.
Learned A.G.A. has filed counter-affidavit and the same is taken on record.
It has been argued on behalf of the learned counsel for the appellant Nos. 1, 2 and 3 that they have been falsely implicated along with 17 others by respondent No.2; from the side of O.P. No.2, the accused appellants and their other companions were also beaten up on the same day after entering into the house, regarding which, the case Crime No. 320 of 2016 was got registered against respondent No.2 and his companions; the injuries which are shown to have been caused in the present case, are simple in nature, caused by blunt object; against appellant No.1, there are two cases pending and in both of these cases, he has been granted bail; regarding appellant No.2, two criminal cases are pending and in both these cases, he has also been granted bail; regarding appellant No.3 there are two criminal cases pending and in both of them, he has been granted bail; the accused have no other criminal history other than these cases and these cases are not offences of serious nature; the accused appellants are in jail since 8.8.2017; if the accused appellants are released on bail, they will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail but has not controverted the aforesaid facts.
In view of the above arguments and looking to the quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for allowing the appeal and releasing the accused appellants on bail during trial. The appeal is, accordingly, allowed.
Let the appellants-accused Raj Singh, Bhawar Singh and Dhara Singh involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The appellants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The appellants shall cooperate in the trial sincerely without seeking any adjournment.
3. The appellants shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the appellants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 27.3.2018
A. Mandhani