Court No. - 41
Case :- CRIMINAL APPEAL No. - 4252 of 2018 Appellant :- Sugreev Prasad Respondent :- State Of U.P. And Anr. Counsel for Appellant :- Bhaju Ram Pprasad Sharma,Arvind Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Aniruddha Singh,J.
Office report indicates that notice has been served but none is present on behalf of opposite party no. 2 Patharu.
Heard learned counsel for the appellant and learned A.G.A. for the State and perused the record.
This criminal appeal has been filed against order dated 21.7.2018 passed by Incharge/ Special Judge, S.C./S.T. Act/ Additional Session Judge, Court No. 2, Maharajganj in Criminal Misc.Bail Application No.871 of 2018 (Sugreev Prasad Vs. State of U.P.) arising out of Case Crime No. 73 of 2018, under section 3(2)(5) S.C./S.T. Act, Police Station Paniyara, District Maharajganj whereby bail application of the appellant was rejected.
Learned counsel for the appellant submitted that vide order dated 9.7.2018 the appellant has already been granted bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 25085 of 2018 in the same case crime for the offence under Sections 323, 504, 304 IPC, Police Station Paniyara, District Maharajganj. During investigation Section 3(2)(5) S.C./S.T. Act was added. The appellant is innocent and has been falsely implicated in the present case. He is languishing in jail since 27.4.2018 (more than four and half months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the appellant and admitted that applicant has no criminal history.
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 21.7.2018 rejecting the bail of the appellant is hereby set aside.
Let appellant Sugreev Prasad 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 he is accused, or suspected, of the commission of which he 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.
Office is directed to send the lower court record to the concerned court immediately, if it has been received.
Order Date :- 14.9.2018 A. Singh