Court No. - 74
Case :- CRIMINAL APPEAL No. - 1901 of 2021 Appellant :- Rihan Respondent :- State of U.P. and Another Counsel for Appellant :- Mehdi Abbas Counsel for Respondent :- G.A.,Dinesh Kumar Bhaskar Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the appellant and learned A.G.A. for the State and perused the record.
This appeal has been filed by appellant Rihan against the impugned order dated 5.4.2021 passed by learned Special Judge, SC/ST Act, Bulandshahr passed in Bail Application No.1712 of 2021 (Rihan Vs. State of U.P.), arising out of Case Crime No.379 of 2006, under Sections 452, 323, 504, 506 I.P.C. and Section 3(1)10 of SC/ST Act, P.S.- Sikandrabad, District- Bulandshahr, by which bail plea of appellant has been rejected. Aggrieved by the rejection order this appeal has been filed.
The F.I.R. has been lodged with the allegation that on the day of occurrence the accused persons named in the F.I.R. were committing maarpeet with Prem Shankar, who happened to be the nephew of the informant and with the wife of informant. Prevented them, they entered into the house and also committed maarpeet with his wife. In the incident three persons sustained injuries. The allegation is that the accused persons entered into the house and committed maarpeet with informant and his wife also.
Submission of learned counsel for the appellant is that the learned Special Judge did not consider the material on record not he applied his judicial mind and passed an illegal order, which is liable to be set aside. It has also been submitted that the accused persons have been falsely implicated, there is no independent witness and there is no possibility of his fleeing away from the judicial process or tampering with the witnesses and he is ready to furnish surety bonds. Further submission is that appellant has no criminal history and is languishing in jail since 24.3.2021.
Learned A.G.A. has vehemently opposed the prayer and submitted that after taking into consideration entire facts and circumstances of the case, the learned Special Judge has rightly rejected the bail application and the appeal is liable to be dismissed. Further submission is that charge-sheet has already been filed by the police after investigation.
Considered the submissions of both the sides, it appears that all the three injured persons have sustained simple injuries. The F.I.R. is of the year 2006. The appellant is in jail from the last more than four months. The learned Special Judge has rejected the bail application for the reason that the appellant was running away from the process of the court and all the rigorous measures were exhausted. Thereafter, he was arrested and produced before the Court. The court has expressed the view that there is all possibility of the appellant that he can abscond on being released on bail.
Considering the entire facts and circumstances of the case and also taking into consideration that it is an old case and only simple injuries have been sustained by the injured persons, I find apparently illegality in the impugned order and the same is liable to be set aside.
In the result, appeal is allowed. Impugned order dated 5.4.2021 passed by learned Special Judge, SC/ST Act, Bulandshahr is set aside.
Let appellant-applicant Rihan be released on bail in Bail Application No.1712 of 2021 (Rihan Vs. State of U.P.) on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant-appellant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant-appellant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant-appellant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 27.7.2021/Anil K. Sharma