Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18746 of 2019 Applicant :- Jagpal @ Manish Opposite Party :- State Of U.P.
Counsel for Applicant :- Awadh Bihari Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Jagpal @ Manish has prayed to release him on bail in Case Crime No. 62 of 2019, u/s 3/25/30 of Arms Act, P.S. Phaphund, District Auraiya.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number with accusation of having a rifle and cartridges of .315 bore whereas same were licenced under Arms and Ammunition Act, entered in the name of real sister of accused applicant and it was taken from her and falsely implicated as above. This is owing to political rivalry. Accused applicant is with criminal antecedent but he is on bail in those cases, bail orders are attached with the file. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Hence bail has been prayed for during trial.
Learned AGA has vehemently opposed the bail application.
Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Jagpal @ Manish, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 4.6.2019 Kamarjahan