Court No. - 45
Case :- CRIMINAL APPEAL No. - 3825 of 2018 Appellant :- Rampravesh Yadav Respondent :- State Of U.P. And Another Counsel for Appellant :- Nazrul Islam Jafri Counsel for Respondent :- G.A.
Hon'ble Siddharth,J.
As per office report dated 30.8.2018 notice on the opposite party no.2 has been served personally despite service no appears on behalf of the opposite party no.2 Heard Shri N.I. Jafri, learned counsel for the appellant, learned AGA for the State, and perused the record.
This criminal appeal has been filed against order dated 7.7.2018 passed by Special Judge (S.C./S.T. Act) court no.3, Deoria in Bail Application No. 57 of 2018 arising out of Case Crime No. 435 of 2018 under Sections 447,419, 420, 467, 468, 471, 506 IPC and section 3(1) Dha of SC/ST(P.A.) Act, Police Station Kotwali District Deoria whereby bail application of appellant was rejected.
The allegation in the First Information Report is regarding exchange of plot by the parties and proceedings are pending before the civil court. It has been argued that First Information Report is an abuse of process and law in the court. The appellant is languishing in jail since 27.8.2018.The appellant has criminal history of four cases explained in paragraphs 12,13,14, 15 and one case has been explained in Supplementary affidavit filed by the learned counsel for the appellant.
On the other hand learned AGA has opposed the prayer for bail.
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 7.7.2018 rejecting bail of appellant is hereby set aside.
Let appellant Rampravesh Yadav 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 they are accused, or suspected, of the commission of which they 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.
Order Date :- 31.8.2018 Atul kr. sri.