Court granted bail to applicant discharged under Section 394 IPC, directing bail bond with two sureties under standard conditions including witness tampering prohibition.
Released on bail via personal bond and two sureties with standard conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13387 of 2019
Applicant :- Jaiveer Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Gagan Pratap Singh,Pramod Kumar Singh,Surendra Kumar Tripathi 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. 663 of 2018, under Section 394 I.P.C., P.S. Sadar, district-Agra, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the first information report was lodged against three persons including applicant, alleging therein that the applicant along with other co-accused persons had assaulted the complainant and his brother-in-law, causing serious injuries to them. He next submitted that there was some dispute between the complainant and the applicant regarding money that's why the applicant has been falsely implicated in the present case. Further submission is that the injuries sustained by the injured are simple in nature. He lastly submitted that the applicant has no criminal history and he is languishing in jail since 25.12.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in 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, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 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, Jaiveer Singh be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 663 of 2018, under Section 394 I.P.C., P.S. Sadar, district-Agra subject to 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 :- 31.7.2019 Faridul
2 issues framed by the court
Whether the applicant is entitled to enlargement on bail during the trial.
What conditions should be imposed on the grant of bail.
Colour shows how this judgement treated each authority
Data Ram Vs. State of U.P. and others, 2018(3) SCC 22Referred¶10
Jaiveer Singh
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Ajit Singh
Parties & counsel
