Jagdamba Prasad v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 28 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9058 of 2023 Applicant :- Jagdamba Prasad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Naveen Kumar Pandey,Manoj Kumar Misra Counsel for Opposite Party :- G.A. Hon'ble Mrs. Jyotsna Sharma,J.

¶1Heard learned counsel for applicant and learned A.G.A. for the State.

¶2The present bail application has been filed by the applicant seeking bail in case crime no. 197 of 2023, under sections 436, 506 I.P.C. at Police Station-Colonelganj, District-Gonda.

¶3As per the version of the FIR, a hut made up of straw, was set ablaze by the accused.

¶4It is contended on behalf of the applicant that he has been falsely implicated in this case in a well planned manner. The FIR has been lodged after unexplained delay of 21 days. This delay is enough to show that the FIR has been lodged in consultation with others in the background of property dispute between the two sides. Further, it is said that the applicant is in custody since 06.05.2023 and that he is on bail, in the only case cited as his previous criminal history.

¶5The application for bail is opposed by learned A.G.A., however it is conceded that in the only case cited as previous criminal history, he has been granted bail and that the applicant is in custody since last more than 6 months now.

¶6I considered the nature of allegation, evidence proposed and all other facts and circumstances of the case including explanatory defence offered by the applicant. In my view, a case for bail is made out.

¶7Let applicant -Jagdamba Prasad be released on bail in the aforesaid Case Crime Number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

(i) The applicant shall not temper with evidence/witnesses.

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.

(iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (a) hearing/framing of charge and (b) recording of statement under Section 313 Cr.P.C. without exception.

(iv) It is further provided that before issuing the release order, present and permanent address of the accused as well as sureties shall also be duly verified and the applicant shall submit undertaking that he shall not change his address without prior intimation to the court concerned.

¶8Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order.

¶9It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything in this order. Order Date :- 20.11.2023/*Vikram* High Court of Judicature at Allahabad, Lucknow Bench