Court No. - 41
Case :- CRIMINAL APPEAL No. - 4868 of 2018 Appellant :- Saleem Respondent :- State Of U.P. And Another Counsel for Appellant :- Adil Khan Counsel for Respondent :- G.A.
Hon'ble Aniruddha Singh,J.
(Bail in Criminal Appeal)
Notice was served on opposite party no.2/complainant, but non is present on his behalf.
Heard Sri Adil Khan, learned Counsel for the appellant, learned A.G.A. and perused the record.
The present Criminal Appeal has been filed against the order dated 10.08.2018 passed by the Special Judge (SC/ST Act)/Additional Sessions Judge-II, Jaunpur, arising out Bail Application No. Nil of 2018, Case Crime No. 68 of 2016, under Sections 308, 323, 325, 504, 506, I.P.C. and 3(1) 10 S.C./S.T. Act, P.S. Khetasarai, District Jaunpur, whereby bail application was rejected.
According to prosecution case the FIR was lodged against three accused persons namely Naseem, Sukhai and Saleem, alleging that on 01.02.2016 they assaulted Rampat, who received as many as 13 injuries. From the perusal of medical report except injury nos.1 to 3 all injuries are simple in nature. According to report of C.T. Scan 'small hemorrhagic contusion in left occipital lobe' was found.
Learned counsel for the appellant submits that appellant has been falsely implicated in the present case and he is languishing in jail since 10.08.2018 (about one and half months), having no criminal history. General role of causing injury has been assigned to all three accused. It is not clear that who is the author of the injury. He further submitted that except injury nos.1 to 3 all injuries are simple in nature and no injuries was found to be dangers to life, hence no offence under Section 308 IPC is made out. There is no independent witness of the incident. He further submitted that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. One more opportunity be granted to the appellant.
Learned A.G.A. opposed the prayer for bail but admitted that there is no criminal history against the 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 10.08.2018 rejecting bail of appellant is hereby set aside.
Let the appellant/applicant Saleem be released on bail in Criminal Misc. Bail Application No.NIL of 2018 (Saleem Vs. State of U.P.) in Case Crime No. 68 of 2016, under Sections 308, 323, 325, 504, 506, I.P.C. and 3(1) 10 S.C./S.T. Act, P.S. Khetasarai, District Jaunpur, 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 :- 24.9.2018/VKG