The High Court allowed bail to the applicant, who was falsely implicated in an FIR involving sections 323, 504, 506, 354, 354-B, 354-D IPC. The court noted simple injuries and a co-accused grant, directing release via personal bond.
Granted release on bail through personal bond with two sureties each.
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Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3135 of 2023
Applicant :- Abhay Jadaun Opposite Party :- State of U.P. Counsel for Applicant :- Hitesh Pachori Counsel for Opposite Party :- G.A.,Brijendra Kumar Pandey,Saurabh Mishra
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and Shri Mithilesh Kumar, Shri D.P.S. Chauhan, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that the applicant is not involved in the crime as alleged in the F.I.R. It is further submitted that nothing incriminating has been recovered from the possession of the applicant. It is further submitted that there is no independent witness of the recovery that has been shown against the applicant. It is further submitted that as per medical report, injuries caused to the injured are simple in nature. It is further submitted that co-accused Himanshu Sharma has been granted bail by the coordinate Bench of this Court vide order dated 20.01.2023 passed in Criminal Misc. Bail Application No. 2849 of 2023. 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 has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 16.12.2022. Criminal
Learned A.G.A. has vehemently opposed the prayer for bail.
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, 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.
Let the applicant Abhay Jadaun involved in Case Crime No. 0659 of 2022, under Sections 323, 504, 506, 354, 354-B, 354D, 427, 147 I.P.C., Police Station Sadar Bazar, District Agra 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.
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant 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.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
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 applicant to prison.
Order Date :- 22.3.2023
Bhanu
Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant has made out a case for bail considering the allegations, lack of incriminating evidence, and granting of bail to a co-accused.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. C.B.I. & AnotherReferred¶8
Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021
Abhay Jadaun
Vivek Kumar Singh
Bhanu Pratap Kushwaha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
