Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46295 of 2017 Applicant :- Jagveer @ Jaggo Opposite Party :- State Of U.P.
Counsel for Applicant :- Narendra Singh Chahar Counsel for Opposite Party :- G.A.,Udai Chandani
Hon'ble Vivek Kumar Singh,J.
Heard Sri N.S.Chahar, learned counsel for the applicant, Sri Udai Chandani, learned counsel for the complainant and Sri Abhinav Prasad, 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 due to ulterior motive and he has committed no offence.It is next contended that the FIR has been lodged after a considerable delay of about six years of the alleged incident. It is further contended that the dispute between the parties is purely of civil nature which has been dragged into criminal prosecution of the applicant. Some civil suit is also pending before the court below. It is pointed out that the applicant has criminal history of eight cases, which has been properly explained in paragraph 19 of the affidavit filed in support of the bail application. The applicant has been granted bail in some other cases by this Court; copies of which have been produced by the applicant's counsel, which are taken on record. 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 15.6.2016.
Learned counsel for the complainant as well as learned A.G.A. opposed the prayer for bail.
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 reformative theory of punishment, 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. 343 of 2016, under Sections 147, 420, 467, 468, 471, 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.
Order Date :- 30.3.2018 IA