Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5915 of 2017 Applicant :- Jagveer @ Jaggo Opposite Party :- State Of U.P.
Counsel for Applicant :- Chandra Badan,Narendra Singh Chahar,Om Prakash Singh Counsel for Opposite Party :- G.A.,Digvijay Tiwari
Hon'ble Vivek Kumar Singh,J.
Heard Sri Narendra Singh Chahar, learned counsel for the applicant, Sri Digvijay Singh, learned counsel for the complainant and Sri Ashwani Yadav, learned A.G.A. appearing for the State.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case. It is further submitted that the applicant has no concern with the alleged crime and he never demanded any money from the informant and the present F.I.R. was lodged against the applicant merely on the basis of apprehension in the mind of the informant that applicant is assisting Pramod Kumar, who is co-accused in civil litigation. It is further submitted that the maximum imprisonment for the charged sections is for two years and the applicant is in jail since 15.06.2016. It is further submitted that the co-accused Harveer Singh has already been granted bail by this Court vide order dated 19.02.2018 in Criminal Misc. Bail Application No. 5934 of 2018. 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 is further submitted that the criminal history of the applicant has properly been explained in para 11 of the affidavit filed in support of bail application.
Learned counsel for complainant as well as learned A.G.A. opposed the prayer for bail and submitted that in case the applicant is released on bail he will abscond and the trial could not be concluded in the near future.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Jagveer @ Jaggo involved in Case Crime No. 328 of 2016, under Section 147, 148, 149, 384, 506 I.P.C., Police Station Iglas, District Aligarh be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant will continue to attend and co-operate in the trial 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.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
However, the trial court is directed to expedite the trial of the aforesaid case and conclude the same within preferably a period of one year from the date of production of a certified copy of this order, if, there is no legal impediment.
Order Date :- 28.3.2018 Arti