Jagdish v. State of U.P.
Case brief
What is this about?
Single judge granted bail to Jagdish, an appellant accused of offences under Sections 307, 452, 504, 506 IPC, invoking Article 21 and referencing Dataram Singh without deciding on the merits of the charge.
What did the court decide?
Release on bail on personal bond and two sureties.
What the court decided
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28298 of 2020
Applicant :- Jagdish Opposite Party :- State of U.P. Counsel for Applicant :- Kumar Ankit Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant, Sri Sanjay Singh, learned AGA-I for the State and perused the record.
The submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case. He is innocent and has no criminal antecedent. There is no direct or indirect evidence against the applicant except the general allegations. In fact the enmity was between Sanjeev and injured family because the wife of Sanjeev and sister-in-law (Bhabhi) of injured was contested the election of Gram Pradhan and due to that enmity they were spill blooded to each other. The role of firing has been assigned to Sanjeev. The Investigating Officer has submitted the charge sheet against the Sachin and Jagdish in very mechanical and casual manner and removed the name of main accused Sanjeev son of Sadhu Ram, who was having the main political enmity with the injured and his family on 03.07.2020 taking the plea that Sanjeev has not found any guilty whereas the informant, injured and other witness are assigning the role to all the three accused. 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 have 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. The applicant is languishing in jail since 06.06.2020. He undertakes that he will not misuse the liberty, if granted, therefore, he may be released on bail.
Issues for consideration
2 issues framed by the court
Whether the applicant ought to be granted bail under Article 21 of the Constitution of India.
Whether there is prima facie evidence of false implication against the applicant to warrant bail.
Parties & counsel
- applicant
Jagdish
- respondent
State of U.P.
Coram
Vivek Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- BAIL/28298/2020
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