The High Court allowed the bail application of the applicant, David Kumar Jatav, involved in a case under Sections 5/25 of Arms Act. The court considered the false recovery allegations and co-operation assurance, directing release on bond.
Release on bail on personal bond and two sureties in like amount.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32212 of 2022
Applicant :- David Kumar Jatav @ Rishipal Opposite Party :- State of U.P. Counsel for Applicant :- Wahid Jamal Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 158 of 2022, registered under Sections 5/25 of Arms Act, Police Station Chhatari, District Bulandshahr during pendency of the trial.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. False recovery of eight country made pistols have been shown from the possession of the applicant. Recovery of country made pistols is based on no evidence. There is no witness of the alleged recovery. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant has no previous criminal antecedents. The applicant is languishing in jail since 27.05.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.
Learned A.G.A. has opposed the bail prayer of the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, David Kumar Jatav @ Rishipal, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 19.9.2022 Nitin Verma
Digitally signed by NITIN KUMAR VERMA Date: 2022.09.19 16:41:09 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant has made out a case for bail in charges under Sections 5/25 of Arms Act.
Whether the applicant should be released on bail subject to specific conditions.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. C.B.I. & AnotherReferred¶9
Satendra Kumar Antil Vs. C.B.I. & Another, S.L.P.(Crl.) No. 5191 of 2021
David Kumar Jatav @ Rishipal
State of U.P.
Deepak Verma
Nitin Verma
As recorded by the court registry
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