Court No. - 55
Case :- CRIMINAL APPEAL No. - 464 of 2018 Appellant :- Ram Lakhan Singh Respondent :- State Of U.P. And Another Counsel for Appellant :- Mr Indra Kumar Chaturvedi Counsel for Respondent :- G.A.,Dur Vijay Singh,Qamrul Hasan
Hon'ble Aniruddha Singh,J.
Heard Sri Indra Kumar Chaturvedi, learned Counsel for the appellant, learned A.G.A. and perused the record.
The present Criminal Appeal has been filed against the order dated 24.11.2017 passed by learned Special Judge (SC/ST Act), Banda in Criminal Misc. Bail Application No. 29 of 2017 (Ram Lakhan Singh Vs. State of U.P.), Case Crime No. 127 of 2017, under Sections 323, 504, 506, 307, 302/34 I.P.C, Section 25/30 Arms Act & Section 3(2)5 S.C./S.T. Act, P.S. Tindwari, District Banda, whereby bail application was rejected.
According to the prosecution case the F.I.R. was lodged against six accused persons, namely, Vishram Singh, Manmohan Singh, Ram Kishore Singh, Ram Lakhan Singh, Shiv Lakhan Singh and Dharamveer Singh alleging that they shot fire on Lallu Prasad and he received one gunshot injury, resultantly died; specific role of firing has been assigned against co-accused Vishram Singh; two persons, namely, Munna and Ram Ji have received injuries on their legs; after investigation final report has been submitted against co-accused Manmohan Singh, Ram Kishore and Shiv Lakhan Singh and charge-sheet has been submitted against Vishram Singh, Ram Lakhan Singh and Dharamveer.
Learned counsel for the appellant/applicant submitted that specific role of shot fire on deceased has been assigned against the co-accused Vishram Singh; injuries of other injured, namely, Munna and Ram Ji are simple in nature not on vital part; there is no independent witness against the appellant; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 29.12.2016 (more than one year and four months);having no criminal history.
Learned A.G.A. opposed the prayer for bail but admitted that there is no criminal history against appellant 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 appellant has made out a case for bail. The appeal is allowed. Impugned order dated 24.11.2017 rejecting bail of appellant is hereby set aside.
Let the appellant/applicant Ram Lakhan Singh be released in Criminal Misc. Bail Application No. 29 of 2017 passed by learned Special Judge (SC/ST Act), Banda (Ram Lakhan Singh Vs. State of U.P.), Case Crime No. 127 of 2017, under Sections 323, 504, 506, 307, 302/34 I.P.C, Section 25/30 Arms Act & Section 3(2)5 S.C./S.T. Act, P.S. Tindwari, District Banda, on his 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 appellant/applicant shall not tamper with the prosecution evidence.
ii) The appellant/applicant shall not threaten or harass the prosecution witnesses.
iii) The appellant/applicant shall appear on the date fixed by the trial court.
iv) The appellant/applicant 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 appellant/applicant 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 :- 27.4.2018 A. Tripathi