Allowed

Jaswant v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC12 Jan 2024BAIL/427/2024

Case brief

AI extract

What is this about?

This High Court of Allahabad (Lucknow Branch) allowed a bail application filed by Jaswant in a criminal trial under Sections 323, 504, and 308 IPC. The court noted the applicant had no criminal history and the charge sheet was filed. Bail was granted on furnishing a personal bond with two sureties.

What did the court decide?

Accused ordered released on bail upon furnishing a personal bond with two sureties subject to standard conditions.

Jaswant vs State of U.P. Thru. Prin. Secy. Home Lko. — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:3695

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 427 of 2024

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Applicant :- Jaswant Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Madhulika Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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Learned A.G.A. informs that she has procured complete instructions in the matter including up-to-date case diary and the charge-sheet in this case has already been submitted.

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Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.

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This bail application has been moved by the accused/applicant- Jaswant for grant of bail, in Case Crime No. 291 of 2023, under Sections 323,504,308 I.P.C., Police Station Hargaon, District Sitapur, during trial.

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Learned counsel for the accused-applicant while pressing the bail application submits that it is a case of false implication. Even if the case of the prosecution as is evident from the FIR, the statement of the injured namely, Bablu Yadav and other eyewitnesses is taken on its face, it will emerge that the role of only scuffle and doing simple 'marpeet' has been assigned to the instant applicant, while the specific role of assaulting with the wooden part of 'kudal' on the head of the injured could only be assigned to the brother of the applicant namely, Vipin.

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It is also submitted that the injured has sustained only one serious/fatal injury which has been found on his head and the same was attributed to the co-accused Vipin only.

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It is next submitted that applicant is languishing in jail in this case since 13.12.2023 without any criminal history. Charge sheet in this case has already been filed and there is no apprehension that after being released on bail he may flee from the course of law or may otherwise misuse the liberty.

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Learned A.G.A. opposes the prayer for bail of the applicant on the ground that the applicant is an accused of committing an heinous offence and thus, he is not entitled to be released on

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bail.

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Having heard learned counsel for the parties and having perused the record, it is evident that the injured Bablu Yadav in his statement as well as other prosecution witnesses in their statements have specifically attributed the role of assault given on the top of the head of the injured to the co-accused Vipin with the wooden part of 'kudal' and only one grievous injury has been sustained by the injured on his head. The applicant is languishing in jail in this case since 13.12.2023 without any criminal history. Charge sheet in this case has also been filed and the presence of the applicant may be secured before the trial court by placing adequate conditions.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties, the facility of bail may be extended to the applicant. Thus, the bail application is allowed.

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Let the accused/applicant- Jaswant involved in abovementioned case, be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

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(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the Court concerned before the bonds are accepted.

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Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression on the merits of the case.

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Order Date :- 12.1.2024

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Shravan

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Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Jaswant v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

Jaswant v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

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