Criminal Appeal against a bail rejection order. The Single Judge allowed the appeal, modified the lower court order, and granted bail subject to conditions, noting the appellant had no criminal history.
Impugned bail rejection order set aside; appellant enlarged on bail with personal bond and two sureties on standard conditions.
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Court No. - 41
Case :- CRIMINAL APPEAL No. - 3983 of 2018
Appellant :- Atarpal Respondent :- State Of U.P. And Another Counsel for Appellant :- Sujata Choudhary,Mohit Kumar Singh Counsel for Respondent :- G.A.,S.M. Nazir Abbas Abedi
Hon'ble Aniruddha Singh,J.
Heard Ms. Sujata Choudhay, learned counsel for the appellant and learned AGA for the State and Sri S.M.N.A. Abedi, learned counsel for the complainant, and perused the record.
This criminal appeal has been filed against order dated 7.6.2018 passed by Additional Sessions Judge/Special Judge S.C./S.T. Act, Meerut in Bail Application No.2225 of 2018 ( Atrapal s/o Sibbu vs. State of U.P.) arising out of Case Crime No. 238 of 2018, under Sections 452, 354-B, 307, 352, 504 and 506 IPC and Section 3/2/5 of SC/ST Act, Police Station- Inchauli, District- Meerut whereby bail application of appellant was rejected.
According to the prosecution case F.I.R. was lodged against four accused persons, namely Avnish, Anuj Yadav, Rahul Yadav and Atarpal on 16.4.2018 after one day of the incident alleging that on 15.4.2018 after entering into the house of the complainant they assaulted her daughter Neha with intent to outrage her modesty and she received one injury on her head but the injury was found simple in nature. According to X-ray report and medical report, no fracture was found.
Learned counsel for the appellant submitted that the appellant is languishing in jail since 5.5.2018 (about three and half months); having no criminal history; he has been falsely implicated; only one injury was found on the head of the injured; it is not clear who is the author of that injury; general role has been assigned to all the accused and the statement of the injured was recorded under Section 164 Cr.P.C. in which she stated that three accused persons have assaulted her; there is no independent witness and if he is enlarged on bail, he will not misuse the liberty of bail and will co-operate in the trial.
Learned AGA and 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 7.6.2018 rejecting bail of appellant is hereby set aside.
Let appellant Atarpal 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 :- 20.8.2018 OP
2 issues framed by the court
Whether the appellant has made out a case for bail considering the gravity of the charges and his custody history.
Whether the impugned order rejecting bail should be set aside.
2 provisions across 2 enactments
Atarpal
State Of U.P.
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
