Jabar Singh vs State Of U.P.
2019 Latest Caselaw 3562 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 74
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17413 of 2019
 

 
Applicant :- Jabar Singh
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Vinod Kumar Yadav,Mahendra Kumar Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

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

Learned counsel for the applicant submits that the applicant is not named in the FIR. The FIR was lodged against unknown. The applicant and 3 other co-accused were arrested on 17.12.2018 in other offence and on being query co-accused Omkar, Rajesh and Sitaram confessed their guilt and told that the applicant and other co-accused have committed the alleged offence. It has further been submitted that the name of applicant came into light after one year and one month from the date of alleged incident. The applicant has no concern with the alleged incident. Except the confessional statement of co-accused there is no other cogent evidence against the applicant. Nothing incriminating has been recovered from the possession of the applicant or on his pointing out. The applicant has falsely been implicated in the present case. There is no eye witness of the alleged occurrence. The criminal history of the applicant has been explained in para 12 of the affidavit filed in support of the bail application. The applicant is in jail since 17.12.2018.

Per contra; learned A.G.A. has opposed the prayer for 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 Jabar Singh involved in Case Crime No. 170 of 2017, under section 302, 201 IPC, P.S. Khairgarh, District Firozabad 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 :- 25.4.2019

Masarrat