Allowed

Harsh Jadaun v. State of U.P.

Allahabad HC21 Sept 2023BAIL/38970/2023

Case brief

AI extract

What is this about?

High Court allowed bail to Harsh Jadaun in a criminal trial for offences under Sections 392 and 411 IPC. The court found the applicant's submissions regarding false implication and lack of flight risk convinced, leading to release on personal bond with sureties.

What did the court decide?

Applicant released on bail by furnishing a personal bond and two sureties in the like amount, subject to standard conditions.

Harsh Jadaun Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:185084

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38970 of 2023

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Applicant :- Harsh Jadaun Opposite Party :- State of U.P. Counsel for Applicant :- Indra Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Sharma,J.

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Supplementary affidavit filed on behalf of the applicant is taken on record.

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Heard Sri Indra Kumar Singh, learned counsel for the applicant, learned AGA for the State and perused the record.

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The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No.136 of 2023, under Sections 392, 411 IPC, Police Station Pilua, District Etah, during the pendency of trial.

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Counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submitted that the applicant is not named in the FIR. As per recovery memo the applicant was arrested on 11.07.2023 and from his possession Rs.5,000/- and an Oppo Mobile Phone and Honda Livo Motorcycle bearing Registration No.UP82 AM 7080 have recovered. He further contends that the recovered money belongs to the applicant and in fact no stolen property have been recovered from his possession. It is further contended that the co-accused Mithun Jadaun @ Ashu has already been enlarged on bail by a co-ordinate Bench of this Court vide order dated 06.09.2023 passed in Criminal Misc. Bail Application No.39131 of 2023. There is no previous criminal history of the applicant. There is no likelihood of his abscondence or tampering with the evidence. The applicant in jail since 11.07.2023 and in case he is enlarged on bail, he will not misuse the said liberty.

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Learned AGA and learned counsel for the informant have opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having regard to the submissions made above, facts and circumstances of the case but without commenting on the

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merits of the case, this Court is of opinion that the applicant is entitled to be enlarged on bail. Accordingly, the bail application is allowed.

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Let the applicant - Harsh Jadaun , involved in the aforesaid case 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 the conditions that he:

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(i) shall appear on the date fixed by the trial court;

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(ii) shall not tamper with the prosecution evidence;

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(iii) shall not pressurize the prosecution witnesses.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 21.9.2023 Shahroz

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Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad

Harsh Jadaun v. State of U.P.

Case brief

What is this about?

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Harsh Jadaun v. State of U.P.

Case brief

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