Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39203 of 2021 Applicant :- Jaiki @ Jaikesh Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. The applicant was arrested in a police encounter case and thereafter recovery of country made pistol was planted upon him. There is no independent witness of alleged recovery. The criminal history of applicant has duly been explained in the affidavit and he has already been granted bail in said police encounter case i.e. Crime No. 462 of 2020, under Section 307 IPC, P.S. Narkhi, District Firozabad. Lastly, it was submitted that the applicant is languishing in jail since 24.10.2020 and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Jaiki @ Jaikesh involved in Case Crime No.
0463 of 2020, under Sections 03/25 Arms Act, P.S. Narkhi, District Firozabad, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 26.10.2021 A. Tripathi