Application for bail in a case under Section 307 IPC wherein the applicant, husband of the victim, argued false implication. Court granted bail subject to personal bond and conditions.
Released on bail by furnishing personal bond with two sureties each, subject to conditions.
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Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30244 of 2018
Applicant :- Awadhesh Kumar Jatav @ Bhole Opposite Party :- State Of U.P. Counsel for Applicant :- Jadu Nandan Yadav,Arimardan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and learned A.G.A. appearing for the State.
Learned counsel for the applicant submitted that the applicant is the husband of the victim. The first information report was lodged against the applicant by his brother-in-law Veerbhan. He next submitted that the applicant has not committed any offence as alleged in the F.I.R and has been falsely implicated in the present case due to some ulterior motive. The injuries sustained by the injured are superficial in nature and are on non vital part of the body. He lastly submitted that the applicant has no criminal history. 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 15.5.2018.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the
witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant Awadhesh Kumar Jatav @ Bhole involved in Case Crime No. 294 of 2018, under Section 307 I.P.C., P.S. Chhibramau, district-Kannauj 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.
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.
Order Date :- 10.8.2018 Faridul
1 issue framed by the court
Whether the applicant charged with offence u/s 307 IPC is entitled to bail.
Awadhesh Kumar Jatav @ Bhole
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
