Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36443 of 2018 Applicant :- Jagdish @ Jagga Opposite Party :- State Of U.P.
Counsel for Applicant :- Virendra Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Virendra Kumar Gupta, learned counsel for the applicant, Sri Abhinav Prasad, learned AGA for the State and perused the material brought on record.
The submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that several persons were harsh firing in marriage festival and mostly persons were taken drinks so it is not specified that as to who has caused injury to the injured. It is also submitted that there is no motive to fire upon the injured. Injuries found on the body of the injured were simple in nature. Nothing has been recovered from the possession of the applicant as alleged in the first information report. The said fact has been mentioned in para 17 to the affidavit filed in support of bail application. Criminal history of the applicant has properly been explained in para 18 to the affidavit filed in support of bail application. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. Further submission is that applicant who is in jail since 09.05.2018 and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer.
Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.
Let applicant Jagdish @ Jagga be released on bail in Case Crime No. 254 of 2018, under Section 307 IPC, Police Station- Kotwali Mahoba, District- Mahoba on furnishing a personal bond and two sureties (Rs. One Lakh each) (One should be of a family member) in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 25.9.2018 Arti