Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31614 of 2021
Applicant :- Jagjit Singh
Opposite Party :- State of U.P.
Counsel for Applicant :- Padmaker Pandey
Counsel for Opposite Party :- G.A.,Yadavendra Dwivedi
Hon'ble Vivek Kumar Singh,J.
Supplementary affidavit filed by learned counsel for the applicant annexing therewith a certified copy of the FIR is taken on record.
Heard Sri H.N. Singh, learned Senior Advocate assisted by Sri Padmaker Pandey, learned counsel for the applicant and Sri Yadavendra Dwivedi, learned counsel for the complainant and Sri Sanjay Singh, learned AGA-I, appearing for the State and perused the material brought on record.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that it is a civil and family dispute which has been converted into criminal prosecution of the applicant. It is further submitted that the applicant is the son of the complainant. It is further submitted that the Hon'ble Apex Court in the Case of Devendra and others Versus State of U.P. and another (2009) 7 SCC 495 wherein it has been held as under:-
However, it is now well-settled that the High Court ordinarily would exercise its jurisdiction under Section 482 of the Code of Criminal Procedure if the allegations made in the First Information Report, even if given face value and taken to be correct in their entirety, do not make out any offence. When the allegations made in the First Information Report or the evidences collected during investigation do not satisfy the ingredients of an offence, the superior courts would not encourage harassment of a person in a criminal court for nothing.
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It is further submitted that the applicant is an old patient of diabetes and hypertension and is suffering from other consequential diseases inclusive of kidney function disorder and recently was admitted to Kulwanti Hospital and Research Centre, Kanpur Nagar-208025. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 1.6.2021. It has been pointed out that the applicant has no criminal history.
Learned counsel for the complainant as well as learned A.G.A. have vehemently opposed the prayer for bail and submitted that the talks of compromise is going on between the parties.
Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let applicant- Jagjit Singh, be released on bail in Case Crime No.254 of 2017, under Sections- 420, 467, 468, 471, 406, 323 I.P.C., Police Station- Nazirabad, District- Kanpur Nagar, on furnishing a personal bond and two sureties (of Rs. three lakhs) each (one should be of a family member), subject to following conditions:-
1. The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 21.9.2021 Dev/-