Criminal Appeal against rejection of bail application in a case of rioting and injury. Appellant argued lack of criminal history, general role, and non-dangerous injuries. Court allowed bail on personal bond and sureties, setting aside the impugned order.
Impugned order dated 14.6.2018 rejecting bail set aside; appellant released on personal bond and two sureties.
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Court No. - 41
Case :- CRIMINAL APPEAL No. - 3561 of 2018
Appellant :- Vinod Yadav Respondent :- State Of U.P. Counsel for Appellant :- Janardhan Yadav Counsel for Respondent :- G.A.
Hon'ble Aniruddha Singh,J.
Learned counsel for the appellant is permitted to implead Sonelal as opposite party no. 2 in the array of the parties during the course of the day.
Sri Sanjai Singh, Advocate filed Vakalatnama on behalf of the complainant is taken on record.
Heard learned counsel for the appellant and learned AGA for the State, Sri Sanjai Singh, learned counsel for the complainant and perused the record.
This criminal appeal has been filed against order dated 14.6.2018 passed by learned Additional Sessions Judge-II, Ballia in Bail Application No. 835 of 2018 (Ashok Yadav and another Vs. State of U.P.)arising out of Case Crime No.128 of 2018, under Sections 147, 148, 149, 323, 307, 504 and 506 IPC and Section 3(2)V of SC/ST Act, Police Station- Sikandarpur, District- Ballia whereby bail application of appellant was rejected.
According to the prosecution case F.I.R. was lodged against 26 accused persons, including this accused alleging that on 29.5.2018 at 11-00 p.m. in the night at the time of marriage party they assaulted persons. All injuries are simple in nature and not dangerous to life.
Learned counsel for the appellant submitted that the appellant is languishing in jail since 31.5.2018 (about two months); having no criminal history; general role has been assigned against all the accused; no injuries were found dangerous to life; the incident was taken place on spur of moment; three was no preplanned; there is no independent witness 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 case 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 14.6.2018 rejecting bail of appellant is hereby set aside.
Let appellant Vinod 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:-
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.
Office is directed to send the lower court record to the concerned court immediately, if it has been received.
Order Date :- 2.8.2018 OP
2 issues framed by the court
Whether the appellant is entitled to bail in a charge involving rioting, murder, and SC/ST atrocities.
Whether the rejection of the bail application by the Additional Sessions Judge requires remand.
2 provisions across 2 enactments
Vinod Yadav
State Of U.P.
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
