Jagveer Baranwal v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43290 of 2023 Applicant :- Jagveer Baranwal Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Singh,Ashish Kumar Singh,Tejas Singh Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard Sri Ajay Kumar Singh, learned counsel for the applicant, learned AGA for the State-opposite party and perused the record.

¶2The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 74 of 2023, under Sections 363, 311 and 370 (5) of I.P.C., Police Station-Vindhyachal, District-Mirzapur, during the pendency of trial.

¶3Learned counsel for the applicant submitted that the name of the applicant was disclosed by the co-accused, Smt. Anuradha Devi in Police custody. The said statement, insofar as, it implicates the applicant is unreliable. The two victims were not recovered from the possession of the applicant. Prior to the instant case, the applicant does not have any criminal history, however after her arrest he has been implicated in other cases. The applicant is in jail since 02.06.2023. In case, he is enlarged on bail, he will not misuse the said liberty.

¶4Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having heard counsel for the parties and having perused the record this Court prima facie finds that the applicant was not named in the first information report. The name of the applicant was disclosed by the co-accused in Police custody. The victims were not recovered from the possession of the applicant. Further, the applicant has remained confined for more than four months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant Jagveer Baranwal, involved in the aforesaid case crime 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; and,

(iii) shall not pressurize the prosecution witnesses.

(iv) shall appear before the concerned Superintended of Police to any date of his choice in the first week of every month till further order of the trial court concerned and shall also attend the trial court as and when directed.

¶7In 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 :- 24.11.2023 Vijay High Court of Judicature at Allahabad