The High Court allowed a bail application filed by Jagdish in a case involving Sections 395, 504, 506 IPC. The Court observed that the FIR arose from a petty neighborhood dispute and granted bail with personal bond and sureties.
Release on bail by filing a personal bond and two sureties in the like amount.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5484 of 2023
Applicant :- Jagdish Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 18 of 2019 at Police Station Rasoolabad, District Kanpur Dehat under Sections 395, 504, 506 I.P.C. The applicant is in jail since 03.01.2023.
The first bail application of the applicant was rejected by this Court on 16.01.2023.
The following arguments made by Shri Sunil Kumar, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Markandey Singh, learned AGA from the record, entitle the applicant for grant of bail:
(1). The FIR arises out of a petty neighbourhood dispute in the village over the flow of drainage water.
(2). Delay in lodgement of the F.I.R. in the facts and circumstances of this case is fatal to the prosecution case.
(3). The dispute is predominantly civil in nature. The informant is trying to leverage the criminal proceedings in a disputed civil claim made by him.
(4). The applicant does not have any criminal history apart from the instant case.
(5). The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Jagdish be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence or influence any witness during the trial.
(ii) The applicant will appear before the trial
court on the date fixed, unless personal presence is exempted.
Order Date :- 6.2.2023 Vandit
Digitally signed by :- VANDIT AGRAWAL High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to be enlarged on bail in the pending criminal proceedings.
1 provisions across 1 enactments
Jagdish
Ajay Bhanot
Vandit Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
