Court No. - 41
Case :- CRIMINAL APPEAL No. - 3253 of 2018 Appellant :- Tej Pratap Singh Respondent :- State Of U.P. And Another Counsel for Appellant :- Anil Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Aniruddha Singh,J.
As per office report dated 4.7.2018, notice issued to opposite party No. 2 has been served, but non has appeared on behalf of the complainant.
Heard learned counsel for the appellant and learned AGA for the State, and perused the record.
This criminal appeal has been filed against order dated 17.5.2018 passed by Special Judge(SC/ST Act), Ghazipur in Bail Application No.76 of 2018 arising out of Case Crime No.46 of 2018 under Section 386, 506 IPC and 3(2) 5-A SC/ST Act, Police Station Karimuddinpur, District Ghazipur whereby bail application of appellant was rejected.
As per the prosecution version, the first information report was lodged against accused, Tej Pratap Singh and two unknown persons alleging that on 4.5.2018, he demanded Rs. 5,000/- as Rangdari from the complainant as his mother running a fair price shop.
Learned counsel for the appellant submitted that the appellant has been falsely implicated in this case. Learned counsel for the appellant further submitted that there is a dispute between the parties about the fair price shop. There is no injury or medical report in support of the prosecution case. There is no independent witness. The appellant is languishing in jail since 11.5.2018 (more than two and a half months) having no criminal history and if he is enlarged on bail, he will not abscond or tamper with the evidence.
Learned AGA opposed the prayer for bail but admitted that the appellant 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 17.5.2018 rejecting bail of appellant is hereby set aside.
Let appellant Tej Pratap Singh 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.
Order Date :- 30.7.2018 Sumaira