In this criminal appeal against rejection of bail in cases involving sections 307, 308, 504 IPC, the High Court allowed the appeal and vacated the impugned orders rejecting bail, releasing the appellant on personal bond and sureties.
Impugned orders rejecting bail were set aside. Appellant released on bail with personal bond and two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 41
Case :- CRIMINAL APPEAL No. - 1445 of 2018
Appellant :- Manoj Respondent :- State Of U.P. And Another Counsel for Appellant :- Sanjeev Kumar Pandey,Rohit Nandan Pandey Counsel for Respondent :- G.A.,Satyendra Singh
Hon'ble Aniruddha Singh,J.
Counter affidavit filed today is taken on record.
Heard learned counsel for the appellant, learned AGA for the State and learned counsel for opposite party No.2, and perused the record.
This criminal appeal has been filed against order dated 28.2.2018 passed by Special Judge(SC/ST Act), ASJ, Court No.2, Mirzapur in Bail Application No. 350 of 2018(Manoj vs. State of U.P.) arising out of Case Crime No. 254 of 2017 under Section 307 IPC, Police Station Jamalpur, District Mirzapur as well as order dated 8.11.2017 passed by Special Judge(SC/ST Act), Court No.2, Mirzapur in Bail Application No. 1744 of 2017(Manoj vs. State of U.P.) arising out of Case Crime No. 254 of 2017 under Section 308, 504 IPC and 3(2)(5A) SC/ST Act, Police Station Jamalpur, District Mirzapur whereby bail applications of appellant were rejected.
Brief facts of the case are that FIR was lodged against Kanta Viyar, Sandesh and Manoj alleging that on 11.10.2017 at 8:10 A.M. they assaulted Karan Prakash with hammer. He received one head injury.
Learned counsel for the appellant submitted that the appellant has been falsely implicated. General role has been assigned to all the accused. Injury received by injured are not dangerous to life. There was no independent witness. The appellant is languishing in jail since 26.10.2017(more than eight 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 and submitted that in all statements of witnesses except injured, specific role has been assigned to Manoj. He 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 orders dated 28.2.2018 and 8.11.2017 rejecting bail of appellant are hereby set aside.
Let appellant Manoj involved in Case Crime No. 254 of 2017 under Section 307 308, 504 IPC and 3(2)(5A) SC/ST Act, Police Station Jamalpur, District Mirzapur 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:-
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 :- 2.7.2018 P.P.
2 issues framed by the court
Whether the appellant is entitled to bail despite rejection of earlier bail applications.
Whether the gravity of the offence and absence of independent witness warrant interim bail.
4 provisions across 2 enactments
Manoj
State Of U.P.
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
