Allowed

Jagveer and Another v. State of U.P.

Allahabad HC19 Sept 2018BAIL/24969/2018

Case brief

AI extract

What is this about?

In bail application challenging arrest orders under IPC sections 147, 148, 452, 323, 504, 506, 308, court granted bail to applicant due to parity with co-accused and lack of criminal history, imposing bond and conduct conditions.

What did the court decide?

Release on bail with personal bonds and two sureties each subject to conditions preventing tampering with evidence or witnesses.

Jagveer and Another Vs State of U.P. — Cheating and Forgery | Allahabad HC (2018)

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Court No. - 55

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24969 of 2018

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Applicant :- Jagveer And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Dharmendra Singhal,Shivendra Raj Singhal

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Counsel for Opposite Party :- G.A.,Vinay Sharma

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Hon'ble Vivek Kumar Singh,J.

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Counter affidavit filed by the learned counsel for the complainant today in the Court is taken on record.

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Heard Sri Dharmendra Singhal, learned counsel for the applicants and Sri Vinay Sharma, learned counsel for the complainant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.

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It has been contended by the learned counsel for the applicants that the co-accused Sukhveer has been granted bail by another Bench of this Court on 20.2.2018 in Criminal Misc. Bail Application No.6303 of 2018, a copy of said order has been annexed as annexure-10 to the affidavit accompanying this bail application and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicants have no criminal history. The applicant is in jail since 28.5.2018.

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Learned counsel for the complainant as well as learned A.G.A. opposed the prayer for bail, but could not dispute the aforesaid fact as argued by the learned counsel for the applicants.

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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 , the applicants are entitled to be released on bail in this case.

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Without expressing any opinion on the merits of the case let the applicants Jagveer and Satendra involved in Case Crime No.219 of 2017, under Sections 147, 148, 452, 323, 504, 506 & 308 I.P.C., Police Station Gonda, District Aligarh be released on bail on their

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furnishing personal bonds 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 applicants will not tamper with the evidence during the trial.

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(ii) The applicants will not pressurize/intimidate the prosecution witness.

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(iii) The applicants will appear before the trial Court on the date fixed.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 19.9.2018

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Dev/-

Jagveer and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Jagveer and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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