Court No. - 41
Case :- CRIMINAL APPEAL No. - 3819 of 2018 Appellant :- Raja Ram And Another Respondent :- State Of U.P. And Another Counsel for Appellant :- Manoj Kumar Counsel for Respondent :- G.A.
Hon'ble Aniruddha Singh,J.
Notice upon opposite party no. 2 has been served personally on 16.8.2018.
Heard learned Counsel for the appellants, learned A.G.A. and perused the record.
The present Criminal Appeal has been filed against the judgment and order dated 25.6.2018 passed by Additional Sessions Judge / Special Judge (SC/ST Act), Gorakhpur in Bail Application No. 2238 of 2018 (Raja Ram and another Versus State of U.P.) arising out of Case Crime No. 487 of 2018, under Sections 147, 148, 323, 434, 332, 504, 506, 353 I.P.C. and Section 3(1)(Da)/3(1)(Dha) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and 2/3 Prevention of Damage to Public Property Act, P.S. Khorabar, District Gorakhpur, whereby bail application was rejected.
According to the prosecution case, F.I.R. was lodged against six accused persons, namely, Guddu, Kanhai, Ganesh, Mahesh, Rajaram and Smt. Kismati Devi alleging that on 9.6.2018 they assaulted the complainant Jagdish Lekhpal.
Learned counsel for the appellants submitted that the appellants are innocent and have been falsely implicated in the present case. The appellants are languishing in jail since 10.6.2018 (about two and half months); having no criminal history; there is no independent witness against the appellants; arrest of the co-accused, namely, Guddu, Ganesh, Mahesh, Rajaram and Smt. Kishmati Devi has already been stayed by a co-ordinate Bench of this Court vide order dated 10.7.2018, passed in Criminal Misc. Writ Petition No. 17994 of 2018 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial. No injury was found on the body of complainant Lekhpal.
Learned A.G.A. opposed the prayer for bail but admitted that there is no criminal history against the appellants and submits that appeal has to be dismissed.
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 appellants have made out a case for bail. The appeal is allowed. Impugned order dated 25.6.2018 rejecting bail of appellants is hereby set aside.
Let the appellants/applicants Raja Ram and Kanhai be released on bail in Case Crime No. 487 of 2018, under Sections 147, 148, 323, 434, 332, 504, 506, 353 I.P.C. and Section 3(1) (Da)/3(1)(Dha) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and 2/3 Prevention of Damage to Public Property Act, P.S. Khorabar, District Gorakhpur on their furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:
i) The appellants/applicants shall not tamper with the prosecution evidence.
ii) The appellants/applicants shall not threaten or harass the prosecution witnesses.
iii) The appellants/applicants shall appear on the date fixed by the trial court.
iv) The appellants/applicants shall not commit an offence similar to the offence of which the appellant/applicant is accused, or suspected of the commission, of which appellant/applicant is suspected.
v) The appellants/applicants shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 :- 24.8.2018 NS