Court No. - 14
Case :- CRIMINAL APPEAL No. - 5880 of 2018 Appellant :- Rakesh Kumar Respondent :- State Of U.P. And Another Counsel for Appellant :- Kailash Prasad Pandey Counsel for Respondent :- G.A.
Hon'ble Ifaqat Ali Khan,J.
Heard learned counsel for the appellant and learned AGA for the State and perused the record.
This criminal appeal has been filed against order dated 24.09.2018 passed by learned IInd Additional Sessions Judge / Special Judge, S.C./S.T. Act, Pilibhit in Bail Application No.1858 of 2018 C.N.R. No. U.P.P.B. 0100-5049-2018 (Rakesh Kumar vs. State of U.P.)Preferred in S.S.T. No. 94 of 2018 arising out of Case Crime No.90 of 2018, under Sections 147, 148, 149, 323, 324, 504, 506, 427 IPC and Section 3(2)(5A) of SC/ST Act, Police Station-Barkhera, District- Pilibhit whereby bail application of appellant was rejected.
According to the prosecution case F.I.R. was lodged against five accused persons, namely, Deoki Nandan, Ompal, Rakesh, Bhoopraj and Vikesh alleging that on 4.3.2018 they assaulted to Dharmendra and Anil Kumar. They received injuries but the injuries are simple in nature.
Learned counsel for the appellant submitted that appellant is languishing in jail since 27.08.2018 (more than two months); having no criminal history; the role of the appellant is only of catching hold; he has been falsely implicated; there is no independent witness and if he is enlarged on bail, he will not misuse the liberty of bail or tamper with the evidence. He further submits that there is no likelihood of case being heard in near future.
Learned AGA 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.
Let appellant Rakesh Kumar 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.
Appeal is disposed of accordingly.
Order Date :- 27.11.2018 Swati