Jasvindar Singh @ Jassi v. State of U.P. Thru. Addl. Chief Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12057 of 2023 Applicant :- Jasvindar Singh @ Jassi Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. Counsel for Applicant :- Alok Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Alok Singh, the learned counsel for the applicant as well as Sri Alok Kumar Dwivedi, the learned A.G.A. for the State and perused the record.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 246 of 2023, under Section 419, 420, 406, 468, 471, 504, 506, 411 I.P.C., registered at Police Station Kamlapur, District Sitapur.

¶3The aforesaid case has been registered on the basis of F.I.R. lodged on

09.08.2023 against three persons, including the applicant alleging that the co-accused Rohit Maurya came into contact in November, 2022 with the informant while he was under going coaching for getting him employed. He offered to get the informant employed in CISF and both the co-accused persons Rohit Maurya and Gyanesh Yadav offered to get him employed in case he pays Rs. 10 lakhs . At another place, the informant has mentioned the amount to be Rs. 10,50,000/-. It is said in the F.I.R that both the co-accused persons had said that the applicant is an Army Officer and he gets people employed in Defence after taking money. The F.I.R has been lodged when the informant could not get employment even after payment of money.

¶4In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.

¶5The learned counsel for the applicant has submitted that the applicant is a student and he is not employed as a Army Officer.

¶6The learned A.G.A. has opposed the prayer of the bail, but he could not dispute the aforesaid aspects of the matter.

¶7Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that it is the informant himself, who tried to get employment in CISF by payment of bribe and he has filed the F.I.R after having failed in his endeavor; that the applicant is not an Army Officer, coupled with the fact that the applicant has no criminal history and he is languishing in jail since 09.08.2023 and without making any observations which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Jasvindar Singh @ Jassi be released on bail in the aforesaid case, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: -

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. (Subhash Vidyarthi,J.) Order Date :- 10.10.2023 Preeti. High Court of Judicature at Allahabad, Lucknow Bench