Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7284 of 2018 Applicant :- Jagveer Singh @ Fauji Opposite Party :- State Of U.P.
Counsel for Applicant :- Chandra Badan,Narendra Singh Chahar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri N.S.Chahar, learned counsel for the applicant 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 pointed out that the applicant has criminal history of seven cases which has been properly explained in paragraph 7 of the affidavit field in support of the bail application in which he has been bailed out in almost all the cases. Some of the cases are pending before the court below which has been explained in paragraph No.7 of the supplementary affidavit. Learned counsel for the applicant has annexed documents as annexure-1 to the supplementary affidavit pertaining to civil suit between the applicant and the complainant. The issue seems to be civil in nature. So far as case crime no.328 of 2010 under section 2/3 of U.P. Goonda Act is concerned it is stated that no notice or summon has ever been issued to the applicant. The applicant as alleged by the prosecution is a deserter from the Army, but the counsel for the applicant has controverted this fact that the case of the applicant in this regard is pending before the Armed Forces Tribunal, Bench Lucknow in which the Tribunal has called for counter affidavit from the Army Authority. The order dated 10.11.2015 in this regard is annexed as annexure-5 to the present bail application. In the present case the issue seems to be of civil in nature, but to the some extent criminal element is also in it. 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 A.G.A. opposed the prayer for bail.
Considering the Period of detention, 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 it would be appropriate for this Court to enlarge the applicant on bail in this case.
Without expressing any opinion on the merits of the case let the applicant namely Jagveer Singh @ Fauji involved in Case Crime No. 341 of 2016, under Sections 420, 467, 468, 471, 307, 384, 504, 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.
Order Date :- 27.3.2018 IA