Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29269 of 2020 Applicant :- Jaswant Opposite Party :- State of U.P.
Counsel for Applicant :- Kamlesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No.482 of 2020, under sections 306 and 504 I.P.C., P.S.Cantt., District- Gorakhpur and is in jail since 19.07.2020, is seeking enlargement on bail during the trial.
F.I.R. of incident was lodged by the complainant against the present applicant and co-accused Bhakolawa. It was mentioned in the F.I.R. that daughter of the complainant was in love with the co-accused Bhaoklva. The complainant went to the house of Bhakolawa for complaint against Bhakolwa. Thereafter uncle of the present applicant namely Jaswant came to the house of complainant and abused him and his daughter in filthy language and after hearing abusing language daughter of the complainant committed suicide jumping from the water tank.
Learned counsel for the applicant submitted that the applicant is quite innocent and has been falsely implicated in the present case. He has not committed any offence as alleged in the F.I.R.
He further submitted that co-accused Bhakolwa @ Laxaman has already been granted bail by another Bench of this Court vide order dated 07.10.2020 passed in Criminal Misc. Bail Application No.29279 of 2020.
He lastly submitted that the applicant, who is in jail since 19.07.2020 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant Jaswant be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to 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 trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 29.7.2021 Asha