Jagatram v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41363 of 2023 Applicant :- Jagatram Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Tiwari Counsel for Opposite Party :- G.A.,Kapil Dev Dubey,Pratikdhar Dwivedi,Praveen Kumar Srivastava,Rahul Kumar Hon'ble Umesh Chandra Sharma,J.

¶1Supplementary affidavit filed today is taken on record.

¶2Heard Sri Rajeev Tiwari, learned counsel for the applicant, Sri Rahul Kumar learned counsel for the informant as well as learned A.G.A. for the State and perused the record.

¶3The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 231 of 2023 under Sections 307, 323, 354, 452, 504, 506 I.P.C., Police Station-Indergarh, District-Kannauj, during the pendency of the trial.

¶4Counsel for the applicant contends that the applicant has been falsely implicated in the present case. The role of causing injury has been assigned to the co-accused Rajendra and Kuldeep. Neither any specific role has been assigned to the applicant nor any incriminating article has been recovered from his possession. As per the medical report of the injured persons, no grievous injury was noted. It is next contended that it is dispute regarding pathway between the families of two real brothers and in order to make pressure, this false case has been lodged by the informant. The applicant has no previous criminal antecedent, he is in jail since 8.8.2023, in case he is enlarged on bail, he will not misuse the said liberty.

¶5Learned counsel for the informant and learned A.G.A. have opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶6Having regard to the submissions made above and the fact that the applicant has remained confined for almost two months, and the co-accused has been enlarged on bail, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either temper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶7Let the applicant-Jagatram, involved in aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

¶8In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 7.11.2023 S.Verma High Court of Judicature at Allahabad