Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52651 of 2019 Applicant :- Jagdish Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Ajay Kumar, learned counsel for the applicant as well as Sri Ankit Shrivastav, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Jagdish with a prayer to release him on bail in Case Crime No. - 369 of 2019, under Sections - 147, 148, 380, 323, 504, 506, 308, 384 I.P.C., Police Station - Sadar Bazar, District - Agra, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of offence to commit culpable homicide, punishable with imprisonment of 7 years;
(ii) against FIR lodged on 24.12.2018, the applicant is in confinement since 21.10.2019;
(iii) the applicant claims to have cooperated in the investigation.
(iv) the applicant has no criminal history;
(v) though investigation is pending yet, at present, no justifiable cause has been shown to continue the detention of the applicant for an indefinite period;
(vi) on prima facie basis, only it may be noted, according to the applicant though accusation of assault had been made against seven persons, however, there is only one injury each suffered by the informant and his son. Then, it has been submitted that the daughter of the present applicant is married to the son of the informant. Arising from matrimonial discord in that marriage, wholly false and frivolous allegations have been made against the present applicant on account of earlier complaint made by the applicant against the informant and his family members ;
(vii) in any case, 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.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid 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, with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 28.11.2019 Abhilash