Court No. - 52
Case :- CRIMINAL APPEAL No. - 4559 of 2017 Appellant :- Sonu & 3 Others Respondent :- State Of U.P. & Another Counsel for Appellant :- Arun Kumar Srivastava Counsel for Respondent :- G.A.,Ikshwaku Srivastava,Sachin Kanaujiya
Hon'ble Rajul Bhargava,J.
Heard Sri Arun Kumar Srivastava, learned counsel for the appellants, Sri Ikshwaku Srivastava and Sachin Kanaujiya, learned counsels for the opposite party no.2, learned AGA for the State and perused the record.
This appeal has been filed against judgement and order dated 5.8. 2017 of learned Special Judge (SC/ST Act)/ Additional Session Judge, Court No.4, Jaunpur passed in Bail Application No. 102 of 2017 (Sonu and others vs. State of U.P.), arising out of Case Crime No. 719 of 2017, under Sections 147, 323, 504, 506, 304 I.P.C. and Section 3(2)5 of SC/ST Act, P.S. Sarai Khwaja, District Jaunpur, by which bail plea of appellants has been rejected.
Learned counsel for the appellants has made a short submission that similarly placed co-accused,Hari Ram has been granted bail by coordinate Bench of this Court on 4.4.2018 in Criminal Appeal No.4141 of 2017 by a detailed order. It is submitted by learned counsel for the appellants that the case of the appellants stands on same footing as that of co-accused, Hari Ram. Therefore, on the ground of parity, the appellants may also be released on bail.
Learned AGA as well as learned counsels for the opposite party no.2 have vehemently opposed the aforesaid submissions of learned counsel for the appellants. However, they could not refute that similarly placed co- accused,Hari Ram has been granted bail by another Bench of this Court.
Having heard the submission of learned counsel for the both sides and perused the bail order of the co-accused, Hari Ram who has been granted bail in Criminal Appeal No. 4141 of 2017, I find that bail has been granted to the co-accused on the ground that the allegations contained in the F.I.R. against the co-accused, Hari Ram are sweeping and general in nature. Besides it, there was a cross case and from the side of the appellants, some persons have also sustained injury, thus a case for bail has been made out.
In the result, appeal is allowed. The judgement and order dated 5.8. 2017 of learned Special Judge (SC/ST Act)/ Additional Session Judge, Court No.4, Jaunpur is set aside.
Let appellant-applicants-Sonu, Babloo, Wakeel and Paltu Ram,be released on bail in aforesaid case on their 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-appellants 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-appellants will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant-appellants 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 :- 30.4.2018 MN/-