Citation : 2019 Latest Caselaw 6067 ALL
Judgement Date : 9 July, 2019
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 34 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22427 of 2017 Applicant :- Jai Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Bhuvnesh Kumar Singh,Gaurav Kakkar Counsel for Opposite Party :- G.A. Hon'ble Sudhir Agarwal,J.
1. Heard Sri R.P. Singh, Advocate, holding brief of Sri Gaurav Kakkar, learned counsel for applicant and learned A.G.A. for State.
2. The present bail application has been moved by the accused-applicant for enlarging him on bail in Case Crime No. 111 of 2017, under Sections 304, 323, 504, 506 I.P.C., Police Station Seohara, District Bijnor.
3. It is contended that there was no intention to cause murder and there was family dispute in which applicant is alleged to have hit mother of informant by lathi and she was injured and became unconscious but subsequently was declared dead in Hospital. Applicant has no criminal history and he has been falsely implicated in the present case. There are no chances of applicant of fleeing away from judicial process or tampering with prosecution evidence. He undertakes to appear personally on each and every date and also not to seek any unnecessary adjournment during trial. The applicant is in jail since 20.03.2017 and in case he is enlarged on bail, he will not misuse liberty of bail.
4. Learned A.G.A. has opposed the prayer for bail.
5. Considering the facts and circumstances of the case, without expressing any opinion on merits of the case, I think it appropriate to release applicant on bail.
6. The application is allowed.
7. Let applicant, Jai Singh, involved in Case Crime No. 111 of 2017, under Sections 304, 323, 504, 506 I.P.C., Police Station Seohara, District Bijnor. be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with following conditions:
(i) The applicant will not temper with the evidence during trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before Trial Court on the date fixed.
(iv) The applicant shall report to the Police Station concerned in the first week of each month to show his good conduct and behaviour.
8. In case of breach of any of above conditions by applicant, the Court below shall be at liberty to cancel his bail.
Order Date :- 9.7.2019
PS
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