Jagatpal v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50990 of 2023 Applicant :- Jagatpal Opposite Party :- State of U.P. Counsel for Applicant :- Sharad Kumar Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heard learned Counsel for the applicant and Sri Vinod Kumar Tiwari, learned A.G.A. for the State 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. 530 of 2023, under Sections 419, 420, 467, 468, 471,120-B I.P.C., Police Station-Karhal, District-Mainpuri, during pendency of the trial.

¶3Counsel for the applicant submits that the applicant was not named in the first information report. The applicant was neither vendor, vendee nor marginal witness of the alleged sale-deed dated 14.06.2023. No amount has been credited in the account of the applicant. The applicant is not a beneficiary of the illicit transaction. At this stage, there is no cogent evidence to link the applicant with the offence. The applicant is in jail since

21.09.2023 having no criminal history and in case he is enlarged on bail, he will not misuse the said liberty.

¶4Learned A.G.A. 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 applicant was neither vendor, vendee nor marginal witness of the alleged sale-deed. No amount has been credited in the account of the applicant. At this stage, there is no substantive evidence against the applicant. The applicant has no criminal antecedents. The applicant has remained confined for more than two 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 the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant, Jagatpal involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not temper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; iii. the applicant shall appear on each and every date fixed by the trial court; and,

¶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 :- 29.11.2023 Lbm/- High Court of Judicature at Allahabad