Court No. - 55
Case :- CRIMINAL APPEAL No. - 5471 of 2017 Appellant :- Rakesh Gurjar Respondent :- State Of U.P. & Another Counsel for Appellant :- Ajay Kumar Sharma,Atul Sharma,Indra Raj Counsel for Respondent :- G.A.,Ram Jatan Yadav
Hon'ble Aniruddha Singh,J.
Heard Sri G.S. Hajela, learned counsel for the appellant, Sri Ram Jatan Yadav, learned counsel for opposite party no.2 and learned Additional Government Advocate for the State, and perused the record.
This criminal appeal has been filed against order dated 10th August, 2017 passed by the Special Judge, SC/ST Act, Agra in Bail Application No. 3391 of 2017 (Rakesh Gurjar versus State of U.P.) arising out of Case Crime No. 124 of 2017 under Section 302 of the Indian Penal Code and under Section 3 (2) (5) of the S.C./S.T. Act, Police Station Fatehabad, District Agra, whereby bail application of appellant was rejected.
Brief facts of the case are that FIR was lodged against this accused alleging that on 16th April, 2017, Rajveer, Ram Niwas, Meg Singh and Rakesh (appellant) assaulted the brother of the complainant Achal Singh by sharp edged weapons, he received one head injury and one abrasion and due to head injury he died.
Learned counsel for the appellant submitted that the appellant is innocent and has been falsely implicated; he languishing in jail since 27th July, 2017(nearly 9 months) having no criminal history and if he is enlarged on bail, he will not abscond or tamper with the evidence.
Learned counsel for the complainant Learned AGA opposed the prayer for bail but admitted that the appellant has no criminal history.
Perusal of record shows that no specific role has been shown in the first information report against any of the accused. There is no independent witness against the appellant. The offences levelled against the appellant are not attracted in this case.
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 10th August, 2017 rejecting bail of appellant is hereby set aside.
Let appellants Rakesh Gurjar involved in Case Crime No. 124 of 2017 under Sections under Section 302 of the Indian Penal Code and under Section 3 (2) (5) of the S.C./S.T. Act, Police Station Fatehabad, District Agra be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
(Aniruddha Singh, J.) Order Date :- 24.4.2018 Sushil/-