Allowed

Jubair v. State of U.P.

Allahabad HC18 Sept 2018BAIL/15225/2018

Case brief

AI extract

What is this about?

This judgment grants bail to the applicant in a criminal miscellaneous bail application under Section 438 CrPC. The court, considering the severity of accusations, the reformative theory of punishment, Submissions, and the prevalence of false evidence, holds that the applicant is entitled to bail.

What did the court decide?

Release of the applicant on bail upon furnishing a personal bond with two sureties in like amount to the satisfaction of the court concerned.

Jubair Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 55

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15225 of 2018

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Applicant :- Jubair Opposite Party :- State Of U.P. Counsel for Applicant :- Shamsher Bahadur Maurya,R.S. Maurya,Yogendra Pal Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Counter affidavit filed on behalf of the State is taken on record.

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Heard Sri Yogendra Pal Singh, learned counsel for the applicant and Sri S.S.Tiwari, learned A.G.A. appearing for the State.

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According to the prosecution version the complainant lodged FIR against the applicant and three other co-accused alleging that when the brother of the complainant was returning back after offering Namaz the accused persons snatched Rs.25/- from his pocket which was opposed by him. Thereafter the accused persons who were armed with lathi and danda beaten him. Subsequently they reached at the house of the complainant and hurled abuses and shot fire upon the complainant and one another causing injuries to them.

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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 old enmity and ulterior motive and he has committed no offence. It is next contended that false recovery of Rs.20-/- and a country made pistol has been shown against the applicant.It is also contended that the injuries allegedly sustained by the injured are simple in nature and not dangerous to life.Co-accused Shadab having similar role to that of the applicant has already been released on bail on 28.5.2018 by this Court and the copy of the bail order has been produced by the applicant's counsel which is taken on record, hence the applicant is also entitled to be released on bail.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 4.4.2017. It is pointed out that the applicant has criminal history of ten cases which has been properly explained in paragraph 11

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of the affidavit field in support of the bail application.

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Learned A.G.A. has vehemently opposed the prayer.

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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, and also considering the submissions advanced by learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22, the applicant is entitled to be released on bail.

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Without expressing any opinion on the merits of the case let the applicant Jubair involved in Case Crime No. 244 of 2017, under Sections 411, 392, 323, 504, 506, 452, 307 I.P.C., P.S. Lisari Gate, District- Meerut 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:

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(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release.

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(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicants to prison.

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Order Date :- 18.9.2018 IA

Jubair v. State of U.P.

Case brief

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Jubair v. State of U.P.

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