Jasveer Vs State of U.P. — Allahabad HC (2023) — LawSathi Research

Jasveer Vs State of U.P. — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant Jasveer to be released on bail in Case Crime No. 56 of 2022 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to conditions: (i) not to tamper with evidence or influence any witness during the trial; (ii) to appear before the trial court on dates fixed unless personal presence is exempted.

Issue for consideration

Whether the applicant Jasveer, in custody since 15.09.2022 in Case Crime No. 56 of 2022 (P.S. Gonda, District Aligarh) under Sections 147, 148, 149, 452, 323, 504, 324, 336, 427, 506, 307, 302 IPC, is entitled to be enlarged on bail. +1 more

Court's answer

The arguments advanced by learned counsel for the applicant (vague and general role in the FIR; applicant not identified as the principal offender inflicting life-threatening injury; parity with co-accused Narendra Kumar, Naresh and Veeru alias Dilip already enlarged on bail; no criminal history apart from this case; not a flight risk) could not be satisfactorily refuted from the record and entitle the applicant to grant of bail.

Ratio / Principle

The bail application is allowed, without making any observations on the merits of the case.

Key takeaways

As a condition of bail, the applicant will not tamper with the evidence or influence any witness during the trial.ratio¶16
As a condition of bail, the applicant will appear before the trial court on the date fixed, unless personal presence is exempted.ratio¶17

Detailed headnote1 paragraphs

Bail allowed - Jasveer - Case Crime No. 56 of 2022, P.S. Gonda, District Aligarh, under Sections 147, 148, 149, 452, 323, 504, 324, 336, 427, 506, 307, 302 IPC; applicant in jail since 15.09.2022; bail rejected by trial court on 11.11.2022. Grounds accepted: vague and general role in FIR; applicant not identified as the principal offender inflicting life-threatening injury; parity with co-accused Narendra Kumar, Naresh and Veeru alias Dilip enlarged on bail by the Court (Criminal Misc. Bail Applications Nos. 37936, 56640 and 37183 of 2022); no criminal history apart from the case; not a flight risk. Release on personal bond and two sureties each in like amount; conditions imposed against tampering with evidence/influencing witnesses and requiring appearance on fixed dates; no observations made on merits.

Court No. - 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56627 of 2022 Applicant :- Jasveer Opposite Party :- State of U.P. Counsel for Applicant :- Hemendra Pratap Singh,Anshu Singh Counsel for Opposite Party :- G.A.,Kunwar Ajay Singh

Hon'ble Ajay Bhanot,J.

By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 56 of 2022 at Police StationGonda, District- Aligarh under Sections 147, 148, 149, 452, 323, 504, 324, 336, 427, 506, 307, 302, IPC. The applicant is in jail since 15.09.2022.

The bail application of the applicant was rejected by the learned trial court on 11.11.2022.

The following arguments made by Shri Hemendra Pratap Singh, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Munne Lal, learned AGA and Sri Kunwar Ajay Singh, learned counsel for the informant from the record, entitle the applicant for grant of bail:

(1). A vague and general role has been assigned to the applicant in the FIR.

(2). The applicant has not been identified as the principal offender who inflicted any life

threatening injury on the injured.

(3). Learned counsel for the applicant claims congruency in role and seeks parity in relief granted to co-accused namely Narendra Kumar, Naresh and Veeru alias Dilip who have been enlarged on bail by this Court on 14.02.2023 in Criminal Misc. Bail Application No. 37936 of 2022, order dated 30.01.2023 in Criminal Misc. Bail Application No. 56640 of 2022 and order dated 31.01.2023 in Criminal Misc. Bail Application No. 37183 of 2022 respectively.

(4). The applicant does not have any criminal history apart from this 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- Jasveer 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 :- 23.2.2023 Pravin

Digitally signed by :- PRAVIN VERMA High Court of Judicature at Allahabad