Allowed

Vimal Jatav v. State of U.P.

Allahabad HC16 Nov 2023BAIL/45351/2023

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad granted bail to the applicant, Vimal Jatav, in a police encounter case pending trial, subject to the condition of furnishing a personal bond and two sureties, imposing standard non-tampering conditions on bail.

What did the court decide?

The applicant is released on bail on furnishing a personal bond and two sureties in the like amount subject to appearing on fixed dates and not tampering with prosecution evidence or witnesses.

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

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Neutral Citation No. - 2023:AHC:217583

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45351 of 2023

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Applicant :- Vimal Jatav Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Tiwari,Braj Gopal Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Sharma,J.

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Learned counsel for the applicant has filed supplementary affidavit today in Court, which is taken on record.

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Heard learned counsel for the applicant, learned A.G.A for the State and perused the material available on record.

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The instant bail application, under Section 439 Cr.P.C, has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 298 of 2023, under Sections 305, 411 I.P.C and 3/25/27 Arms Act, Police Station- Phase-II, District- Gautam Budha Nagar, during the pendency of trial.

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Counsel for the applicant submitted that the applicant is innocent and he has not committed the alleged offence but the police has falsely implicated him in the instant case. It is case of police encounter, where no fire-arm injury has been received by any of the police personnel. The applicant has no criminal antecedent to his credit. The alleged recovery is false and planted as there is no independent witness. The applicant is in jail since 06.07.2023. In case, he is enlarged on bail, they will not misuse the said liberty.

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Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having regard to the facts, circumstances and the submissions made but without commenting on merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail.

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Let the applicant- Vimal Jatav, involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of

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the court concerned subject to the conditions that they:

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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 :- 16.11.2023 Vinod/Shahroz

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

Vimal Jatav v. State of U.P.

Case brief

What is this about?

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Vimal Jatav v. State of U.P.

Case brief

What is this about?

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