Jatin Tomar v. State of U.P.
Case brief
What is this about?
In a bail application under Sections 307, 379, and 506 IPC, the Court granted bail to the applicant who was not named in the FIR but implicated via a co-accused's confession. The Court imposed strict conditions regarding appearance in court and filing an undertaking against adjournments.
What did the court decide?
Released on bail on personal bond and two sureties, subject to conditions including undertaking not to seek adjournments of in-court evidence and ensuring presence on all trial dates.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46145 of 2022
Applicant :- Jatin Tomar Opposite Party :- State of U.P. Counsel for Applicant :- Vinod Kumar Tirpathi,Manoj Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Gajendra Kumar,J.
Supplementary affidavit, filed today, is taken on record.
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.224 of 2022, under Sections 307, 379 and 506 of IPC, Police Station- Daurala, DistrictMeerut.
Learned counsel for the applicant has submitted that the applicant is innocent person and has falsely been implicated in the present case due to ulterior motive. It is submitted that the applicant is not named in the first information report. It is further submitted that the name of the applicant has come into picture in the confessional statement made by Raja alias Avinash. It is further submitted that in his statement, the injured has also not specified the role of the applicant. It is very fairly submitted that the applicant except the present case has criminal history of five cases to his credit, which have been explained in para 3 of the supplementary affidavit filed in support of the bail application. 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. It is further submitted that the applicant is languishing in jail since 23.08.2022 and the possibility of conclusion of trial in near future is very bleak.
Issues for consideration
3 issues framed by the court
Whether the applicant is eligible for bail given that his name appeared in the confessional statement of a co-accused in a cheating and extortion case.
Whether it is safe to grant bail with conditions to prevent misuse of liberty.
What specific conditions should be imposed upon the grant of bail.
Parties & counsel
- applicant
Jatin Tomar
- respondent
State of U.P.
Coram
Gajendra Kumar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/46145/2022
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