High Court of Judicature at Lucknow allowed bail application filed by Aashish Jawala charged with offences under IPC and IT Act. Court considered prior bail grants to co-accused, applicant's clean record, and lack of history of absconding.
Applicant released on bail by executing personal bond and furnishing two sureties.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5096 of 2019
Applicant :- Aashish Jawala Opposite Party :- State Of U.P. Counsel for Applicant :- Gaurav Kakkar Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. Similarly circumstanced co-accused Jasvinder, Vicktar Green and Mohan Kumar have already been admitted to bail by this Court vide orders dated 1.2.2019, 17.1.2019 and 29.1.2019 in Criminal Misc. Bail Application Nos. 4831 of 2019, 2125 of 2019 and 4051 of 2019. Copy of bail orders have been produced by learned counsel for the applicant, the same are taken on record. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 27.11.2018.
Learned AGA has opposed prayer for bail. However, he has not disputed the aforesaid facts.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed .
Let the applicant - Aashish Jawala involved in Case Crime No. 1707 of 2018, under Sections - 420, 467, 468, 471 I.P.C. and Sections - 66, 66-C, 66-D of the Information and Technology Act, 2008, Police Station - Phase -3, District - Gautam Budh Nagar 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.
Order Date :- 6.2.2019 S Rawat
3 issues framed by the court
Whether the applicant is entitled to be released on bail.
Whether the applicant has established reasonable apprehension of tampering with witnesses or threat to the complainant.
Whether the applicant satisfies the prima facie satisfaction of the Court regarding the charge against him.
5 provisions across 2 enactments
Aashish Jawala
HON'BLE ARVIND KUMAR MISHRA
As recorded by the court registry
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