Allowed criminal appeal against rejection of bail. Court held that appellant, having no criminal history and citing parity with a co-accused granted bail, was entitled to release on furnishing bond and sureties under standard conditions.
Impugned order rejecting bail set aside; appellants released on personal bond and two sureties each.
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Court No. - 41
Case :- CRIMINAL APPEAL No. - 2696 of 2018
Appellant :- Vijendra Singh And 2 Others Respondent :- State Of U.P. And Another Counsel for Appellant :- Vishal Agarwal,Anshika Agarwal Counsel for Respondent :- G.A.
Hon'ble Aniruddha Singh,J.
In compliance or order dated 21.7.2018, notice has been served on opposite party no. 2 but no one is present on his behalf.
Heard learned counsel for the appellants and learned AGA for the State and perused the record.
This criminal appeal has been filed against order dated 3.5.2018 passed by Additional Sessions and District Judge, Court No. 1, Hathras in Bail Application No.33 of 2018 (Vijendra Singh and two others vs. State of U.P.) arising out of Case Crime No. 01 of 2018, under Sections 147, 148, 149, 354, 452, 307, 323, 504 and 506 IPC, r/w Section 3(2)(5) of SC/ST Act. r/w Section 7/8 POCSO Act, Police Station Sasni, District Hathras whereby bail application of appellants was rejected.
According to the prosecution case F.I.R. was lodged against 10 accused and 5 unknown persons alleging that on 1.1.2018 due to previous enmity they assaulted Ramesh Chandra, Raj Kumari, Prashant Kumar, Shilendra, Bhavna and Minakshy. They received injuries.
Learned counsel for the appellants submitted that co-accused-Ganeshi Lal has been enlarged on bail by co-ordinate Bench of this Court in Criminal Appeal No. 1449 of 2018 vide order dated 20.4.2018.; the case of the appellants is not heinous with the case of the co-accused who has been enlarged on bail, hence the appellants is also entitled for bail on the ground of parity; he is languishing in jail since 20.3.2018 (more than four months); having no criminal history; general role has been assigned to the appellants; it is not clear who is the author of the injury; there is no independent witness; injuries are not dangerous to life and if they are enlarged on bail, they 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 appellants have 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 3.5.2018 rejecting bail of appellant is hereby set aside.
Let appellants Vijendra Singh and Pappu 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 appellants will not pressurize/ intimidate the prosecution witness.
3.The appellants will appear before the trial court on the date fixed, unless personal presence is exempted.
4.The appellants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are 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 the appellants are entitled to bail by analogy with the case of a co-accused who was released on bail for similar charges.
Whether the appellant has a case to be released on bail considering the gravity of the offence and period of custody.
Vijendra Singh and 2 Others
State Of U.P.
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
