Jagdish @ Matru vs The State Of U.P.
2015 Latest Caselaw 3086 ALL

Citation : 2015 Latest Caselaw 3086 ALL
Judgement Date : 12 October, 2015

Allahabad High Court

Jagdish @ Matru vs The State Of U.P. on 12 October, 2015

Bench: Bachchoo Lal




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 
Case :- BAIL No. - 8528 of 2015
 
Applicant :- Jagdish @ Matru
 
Opposite Party :- The State Of U.P.
 
Counsel for Applicant :- Atul Verma
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Bachchoo Lal,J.

Supplementary affidavit has been filed on behalf of the applicant, be taken on record.

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

Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in this case. Nothing incriminating has been recovered from the possession of the applicant or on his pointing out. The co-accused Smt. Pushpa, Balloo, Dharmendra, Phool Chandra @ Bhoorey and Bhupendra @ Kallu having identical role have already been released on bail by another bench of this court vide orders dated 18.8.2015, 7.7.2015 and 15.7.2015 respectively, therefore, the applicant is also entitled for bail on the ground of parity. The criminal history of the applicant has been explained in para 3 to 7 in supplementary affidavit filed in support of the bail application. The applicant is in jail since 13.1.2015.

Per contra; learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact that co-accused having identical role have already been released on bail.

Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.

Let the applicant Jagdish @ Matru involved in case crime no. 34 of 2015, under section 304, 328, 272 IPC, 7 Criminal Law Amendment Act and 60 Excise Act, P.S. Hassanganj, District Unnao be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

1. The applicant will not tamper with the evidence.

2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.

3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.

Order Date :- 12.10.2015

Masarrat