Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12493 of 2021 Applicant :- Jogendra Opposite Party :- State of U.P.
Counsel for Applicant :- Parmeshwar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard Shri Parmeshwar Yadav, learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. It is further submitted that brother of the applicant lodged the F.I.R. on the basis of false facts as deceased (mother of the applicant) died due to some other reason. Referring to the contents of the F.I.R., it is further submitted that injuries are said to have been caused with the brick but no such external injury was found in the post-mortem. It is further submitted that informant and other prosecution witnesses were examined during trial but they did not support the prosecution case. Thus, referring to the statement of the witnesses recorded during trial as well as medical evidence, it is further submitted that applicant is in jail since 26.10.2020 having no criminal history. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the 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 Jogendra involved in S.T. No. 31 of 2019 arising out of Case Crime No. 132 of 2018, under Sections 304 IPC, P.S. Chauk, District - Maharajganj be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will 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 him 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 conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file computer generated copy of this order downloaded from the official website of High Court, Allahabad. 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 :- 5.4.2021 Sanjeet Digitally signed by Justice Om Prakash Date: 2021.04.05 15:07:33 IST Reason: Document Owner Location: High Court of Judicature at Allahabad