Jayveer v. State of U.P.
Case brief
What is this about?
Single judge bail application. Patrolling Bench granted bail to applicant Jayveer following co-accused, imposing personal bond and sureties with conditions to prevent adjournments and ensure appearance in court.
What did the court decide?
Released on bail through personal bond and two sureties with conditions to appear on dates and not seek adjournments.
What the court decided
Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42253 of 2022
Applicant :- Jayveer Opposite Party :- State of U.P. Counsel for Applicant :- Sanjeev Kumar Trivedi Counsel for Opposite Party :- G.A.
Hon'ble Gajendra Kumar,J.
Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.
The present bail application has been filed by the applicant seeking bail in Case Crime No.0395 of 2019, under Sections 323, 504, 506, 452 and 308 IPC, Police Station- Saurikh, District-Kannauj.
Learned counsel for the applicant has submitted that the applicant is innocent persons and has falsely been implicated in the present case due to ulterior motive. It is submitted by learned counsel for the applicant that the applicant has no previous criminal history and in this case only general role has been assigned against four named accused persons for giving assault. It is further submitted by learned counsel for the applicant that co-accused persons namely, Ram Bahadur, Ramdas and Shivraj Singh have already been enlarged on bail by co-ordinate Bench of this Court vide orders dated 14.02.2022, 17.01.2022 and 07.2022, passed in Criminal Misc. Bail Applications No.55934 of 2021, 70 of 2022 and 37903 of 2022, respectively. Copies of the bail orders of the co-accused have been brought on record as Annexure-7 to the bail application. Learned counsel for the applicant has next submitted that the applicant having better case for getting bail on account of parity. Learned counsel for the applicant has submitted there is no prospect of trial of the present case being concluded in near future due to heavy dockets. It is also submitted that there is no apprehension that after being released on bail, the applicant may flee from the course of law or may, otherwise, misuse the liberty of bail. Applicant is languishing in jail since 25.08.2022 and the possibility of conclusion of trial in near future is very bleak.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to be released on bail in the pending criminal proceedings.
What the appropriate bail conditions are to ensure appearance in court and prevent misuse of liberty.
Parties & counsel
- applicant
Jayveer
- respondent
State of U.P.
Coram
Gajendra Kumar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- BAIL/42253/2022
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