Allowed

Naina @ Jasveer v. State of U.P.

Allahabad HC19 May 2022BAIL/16686/2022

Case brief

AI extract

What is this about?

This judgment allows a criminal bail application filed by Naina @ Jasveer in a case under Sections 392 IPC. The court held that the applicant had made out a case for bail and released him on bail with conditions regarding surrending, evidence tampering, and influencing witnesses.

What did the court decide?

The applicant be released on bail on furnishing a personal bond and two sureties with conditions not to tamper with evidence or influence witnesses.

Naina @ Jasveer Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

¶1

Court No. - 75

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16686 of 2022

¶3

Applicant :- Naina @ Jasveer Opposite Party :- State of U.P. Counsel for Applicant :- Vinay Kumar Srivastava Counsel for Opposite Party :- G.A.

¶4

Hon'ble Chandra Kumar Rai,J.

¶5

Supplementary affidavit filed by the applicant is taken on record.

¶6

Heard Sri Vinay Kumar Srivastava, learned counsel for the applicant, learned A.G.A. and perused the record.

¶7

The instant bail application has been filed on behalf of the applicant- Naina @ Jasveer with a prayer to release him on bail in Case Crime No. 213 of 2021, under Sections 392 I.P.C., Police Station- Nidhauli Kalan, District- Etah during pendency of trial.

¶8

It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He further submitted that the applicant was not named in the first information report and name of the applicant surfaced during course of investigation in the statement of co-accused-Jitendra. He also submitted that the first information report was lodged against the unknown persons. He next submitted that the co-accused- Jitendra has already been released on bail by this Court in Criminal Misc. Bail Application No.13334 of 2022 vide order dated 12.4.2022. He also submitted that the criminal history of the applicant has been explained in Paragraph No.4 to the supplementary affidavit stating that the applicant is on bail in those cases. He further submitted that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence, and is in jail since 22.11.2021.

¶9

Lastly it is submitted by the learned counsel for applicant that the applicant shall not abscond, and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.

¶10

Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact .

¶11

Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail. The bail application is allowed.

¶12

Let the applicant- Naina @ Jasveer involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;

¶13

The applicant will not tamper with the evidence during the trial.

¶14

The applicant will not influence any witness.

¶15

The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

¶16

The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

¶17

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

¶18

Order Date :- 19.5.2022 Rameez

¶19

Digitally signed by RAMEEZ AHMED Date: 2022.05.20 10:25:40 IST Reason: Location: High Court of Judicature at Allahabad

Naina @ Jasveer v. State of U.P.

Case brief

What is this about?

What did the court decide?

Naina @ Jasveer v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Lakshman @ Bhapi Vs State of U.P.

Labbu @ Lavkush Malik Vs State of U.P.

Parminder Baba Vs State of U.P.

Shannu @ Nanhe Vs State of U.P.

Pradumn Yadav Vs State of U.P.

Raj Kumar Vs State of U.P.