Criminal Appeal against rejection of bail. Court allowed appeal relying on parity grant of bail to co-accused, set aside impugned order, and released appellant on bail subject to conditions.
Set aside rejection of bail; released appellant on personal bond and two sureties subject to conditions against tampering, intimidation, and fleeing.
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Court No. - 55
Case :- CRIMINAL APPEAL No. - 270 of 2018
Appellant :- Yaseen Respondent :- State Of U.P. And Anr. Counsel for Appellant :- Jitendra Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit filed today is taken on record.
Heard 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 11.12.2017 passed by Additional Sessions Judge/Special Judge(SC/ST Act)/, Farrukhabad in Bail Application No. 91 of 2017(Yaseen vs. State of U.P.) arising out of Case Crime No.512 of 2016 under Section 302 IPC and 3(2)(5) SC/ST Act, Police Station Kotwali, Farrukhabad, District Farrukhabad whereby bail application of appellant was rejected.
Brief facts of the case are that FIR was lodged against unknown person alleging that on 18.5.2016 at 8:30 P.M. Sanjay was shot dead by some unknown person. During investigation Yaseen, Anoop and Sonu were found indulged in the crime.
Learned counsel for the appellant submitted that case of present appellant is identical to co-accused Anoop and Sonu Jatav who have already been enlarged on bail by coordinate Bench of this Court vide orders dated 23.6.2017 & 11.7.2017 passed in Criminal Misc. Bail Application Nos. 31675 of 2016 & 35856 of 2016 and the appellant is entitled to bail on the ground of parity (Bail orders produced during argument are taken on record). The appellant has been falsely implicated; He was not named in the FIR. There is no eye-witness account. He is languishing in jail since 24.5.2016(about two years). Criminal history of one case has been explained in which he is on bail. There is no possibility to get this case decided in near future. If he is enlarged on bail, he will not abscond or tamper with the evidence.
Learned AGA opposed the prayer for bail but admitted that case of appellant is identical to co-accused Anoop and Sonu Jatav who have been enlarged on bail.
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 11.12.2017 rejecting bail of appellant is hereby set aside.
Let appellant Yaseen 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 :- 18.5.2018 P.P.
2 issues framed by the court
Whether the appellant is entitled to bail on the ground of parity with co-accused who have already been enlarged on bail.
Whether the rejection of the appellant's bail was maintainable.
2 provisions across 2 enactments
Yaseen
State Of U.P.
And Anr
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
