The High Court allowed a criminal appeal against a bail rejection order. The Court set aside the Special Judge's order of 5.3.2018 and released the appellant on bail with bond and sureties to furnish a personal bond.
Impugned order dated 5.3.2018 rejecting bail set aside; appellant released on bail on furnishing personal bond and two sureties.
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Court No. - 55
Case :- CRIMINAL APPEAL No. - 1844 of 2018
Appellant :- Vivek Respondent :- State Of U.P. And Another Counsel for Appellant :- Sanjay Kumar Jaiswal Counsel for Respondent :- G.A.
Hon'ble Aniruddha Singh,J.
Heard Sri Dinesh Kumar Yadav, learned counsel for the appellant and learned AGA for the State, and perused the record. Notice upon opposite party no.2 has been served.
This criminal appeal has been filed against order dated 5.3.2018 passed by Special Judge(SC/ST Act), Agra in Bail Application No. 1132 of 2018(Shivam and Vivek vs. State of U.P.) arising out of Case Crime No. 148 of 2018 under Sections 147, 148,149, 304, 504, 506 IPC and 3(2)(V) SC/ST Act, Police Station Sadar Bazar, District Agra whereby bail application of appellant was rejected.
Brief facts of the case are that FIR was lodged against Manoj, brother of Mogli(Shivam), Vivek, Deepu and three unknown persons alleging that on 17.2.2018 they assaulted Amar with 'lathi-danda' and 'saria'. He received one head injury and died resultantly.
Learned counsel for the appellant submitted that the appellant has been falsely implicated; he is languishing in jail since 21.2.2018(more than two and half months) having no criminal history. General role was assigned to all the accused. According to postmortem report only one injury was found on the head of deceased. It is not ascertained who has caused injury on the head of deceased. There is no independent witness. If the appellant is enlarged on bail, he will cooperate in trial.
Learned AGA as well as learned counsel for the complainant 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 5.3.2018 rejecting bail of appellant is hereby set aside.
Let appellant Vivek 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:-
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 :- 17.5.2018 P.P.
2 issues framed by the court
Whether the appellant is entitled to bail in a case involving assault resulting in death under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and IPC.
Whether the gravity of the offence and risk of evidence tampering override the appellant's lack of prior criminal record.
2 provisions across 2 enactments
Vivek
State Of U.P.
Another
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
