Court No. - 41
Case :- CRIMINAL APPEAL No. - 4514 of 2018 Appellant :- Vishok Singh Respondent :- State Of U.P. And Anr. Counsel for Appellant :- Jai Prakash Singh Counsel for Respondent :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit filed by learned A.G.A. is taken on record.
Sri Kauslesh Prasad Tiwari, learned A.G.A. states that notice on opposite party no.2-Dr. Prem Chand Bharti has been served on 25.8.2018, but none is present 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 26.7.2018 passed by Additional Sessions Judge, IInd, Ballia in Bail Application No.1171 of 2018, (Vishok Singh vs. State of U.P.), arising out of Case Crime No. 216 of 2018, under Sections 332, 353, 504, 506 IPC and Section 3(1)X of SC/ST Act, Police Station- Rasra, District- Ballia whereby bail application of appellant was rejected.
According to the prosecution case F.I.R. was lodged against unknown persons alleging that on 3.7.2018 they assaulted Dr. Prem Chand Bharti posted at C.H.C., Rasra when he was on official duty. During investigation, it was found that Ramakant and this appellant were indulged in this crime.
Learned counsel for the appellant submitted that the appellant is languishing in jail since 16.7.2018 ( one and half months); having no criminal history; he has been falsely implicated; no injury was found on the body of the injured; he is not named in the F.I.R. The name of the appellant was surfaced on the statement of Rajendra Kumar (injured); there is no independent witness and if he is enlarged on bail, he will not misuse the liberty of bail and will co-operate in the trial.
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 26.7.2018 rejecting bail of appellant is hereby set aside.
Let appellant Vishok 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.
Office is directed to send the lower court record to the concerned court immediately, if it has been received.
Order Date :- 31.8.2018 OP