Mukesh Jaisawal and Another Vs State of U.P. and 3 Others

Court No. - 86

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1742 of 2023

Applicant :- Mukesh Jaisawal And Another Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rakesh Chandra,Dileep Kumar Singh,Prateek Mishra,Siddhartha Baghel Counsel for Opposite Party :- G.A.,Bibhuti Narayan Singh

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicants and Shri D.P.S. Chauhan, learned A.G.A. appearing for the State and perused the record.

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It has been contended by the learned counsel for the applicants that the applicants have been falsely implicated in the present case due to ulterior motive. It is next contended that the applicants are not named in the F.I.R. and their name have come into light during the course of investigation. It is next contended that a concocted and false story has been set up by the prosecution against the applicants whereas the applicants have not committed any offence as alleged in the F.I.R. It is further submitted that as per the statement of victim recorded under section 164, she left with coaccused Omkar and applicants have no role in the said offence. It is further submitted that co-accused Rampravesh Jaiswal, Omprakash Jaiswal and Sandeep Jaiswal have been granted bail by the coordinate Bench of this Court vide orders dated 20.01.2023, 19.01.2023 and 17.02.2023 passed in Criminal Misc. Bail Application No. 2719 and 2023, 60063 of 2022 and 3741 of 2023 and similarly situated applicant is also entitled for bail. It is further submitted that ingredients of offences are absent and entire prosecution story is based on false and frivolous allegations. It is further submitted that trial is not likely to be concluded in near future. 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 applicants have also been touched upon at length. It has been assured on behalf of the applicants that they are ready to cooperate with the process of law and shall faithfully make themselves available before the court whenever required. It has also been submitted that the applicants are languishing in jail since 08.12.2022 and they have no criminal history.

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Learned A.G.A. has vehemently opposed the prayer for bail and has submits that prima facie offence against the accused applicant is made out and in case applicant is release on bail, he will misuse the liberty of bail, but, he has not disputed the aforesaid facts.

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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, looking to the delay in conclusion of trial, grant of bail to the co-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, passed in 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.

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Let the applicants Mukesh Jaisawal and Ajay Jaisawal involved in Special Sessions Trial No. 42 of 2019 arising out of Case Crime No. 13 of 2019, under Sections 363/120B, 366/120B I.P.C. and section 16/17 POCSO Act, 2012, Police Station Manchi, District Sonebhadra be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.

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(i) The applicants will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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(ii) The applicants will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicants will not indulge in any unlawful activities.

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(iv) The applicants will not misuse the liberty of bail in any manner whatsoever.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicants to prison.

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Order Date :- 26.4.2023

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Bhanu

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Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad

Mukesh Jaisawal and Another v. State of U.P. and 3 Others

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Mukesh Jaisawal and Another v. State of U.P. and 3 Others

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