In an appeal against bail rejection, the court allowed the appeal, set aside the impugned order, and released the appellant on bail subject to conditions, noting the continued custody and lack of criminal history.
Impugned order setting aside bail rejected; appellant released on personal bond and two sureties under specified conditions.
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Court No. - 41
Case :- CRIMINAL APPEAL No. - 2611 of 2018
Appellant :- Kamla Kant Yadav Respondent :- State Of U.P. And Another Counsel for Appellant :- Amit Kumar Srivastava,Raj Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Aniruddha Singh,J.
According to office report dated 20.7.2018 notice has been served on opposite party no. 2 but no one is present on his behalf.
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 27.04.2018 passed by learned Special Judge S.C./S.T. (P.A.) Act/ Additional Sessions Judge, Court No. 2, Chitrakoot in Bail Application No.247 of 2018 (Kamla Kant Yadav vs. State of U.P.) arising out of Case Crime No. 140 of 2018, under Sections 147, 332, 353, 323, 307, 504 and 506 IPC and Section 3(2) 5 of SC/ST (P.A.) Act , Police Station Karwi, District Chitrakoot whereby bail application of appellant was rejected.
According to the prosecution case F.I.R. was lodged against the present accused and four unknown persons alleging that on 22.2.2018 they assaulted Ravikant Anuragi, the complainant. He received six injuries but all the injuries are simple in nature.
Learned counsel for the appellant submitted that the appellant is languishing in jail since 18.4.2018 (more than three months); having no criminal history; there is no independent witness; he has been falsely implicated due to previous enmity; false F.I.R. has been filed by the complainant; all the injuries are simple in nature and if he is enlarged on bail, he will not misuse the liberty of bail or tamper with the evidence. He further submits that there is no likelihood of appeal being heard in near future.
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 27.04.2018 rejecting bail of appellant is hereby set aside.
Let appellant Kamla Kant Yadav 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:-
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 :- 23.7.2018 OP
2 issues framed by the court
Whether to allow criminal appeal for bail after rejection of bail application in offences under IPC and SC/ST Act.
Whether the appellant has made out a case for bail despite the gravity of the charges.
2 provisions across 2 enactments
Kamla Kant Yadav
State Of U.P.
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
