Jimmi vs State Of U.P.
2019 Latest Caselaw 1089 ALL

Citation : 2019 Latest Caselaw 1089 ALL
Judgement Date : 13 March, 2019

Allahabad High Court

Jimmi vs State Of U.P. on 13 March, 2019

Bench: Bachchoo Lal




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 68
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10849 of 2019
 

 
Applicant :- Jimmi
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Ambika Prasad Tewari
 
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 FIR of the alleged incident was lodged against 7 persons including the applicant and 15-20 unknown. In FIR it has been mentioned that co-accused Laddoo caused injury to Aneeta on her head with brick and it has further been mentioned that accused persons also committed marpit with Suraj with iron rod. At the time of medical examination 3 injuries have been found on the person of injured Suraj and 3 injuries have been found on the person of injured Aneeta. The injuries of injured Aneeta are simple in nature and there is no X-ray report on record of injured Suraj. There is general allegation against the applicant. No specific role has been assigned to the applicant. The applicant has not committed the alleged offence. He has falsely been implicated in the present case. The applicant has no criminal history and is in jail since 24.1.2019.

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 Jimmi involved in Case Crime No. 02 of 2019, under section 147, 148, 149, 323, 504, 506, 336, 354, 308, 427 IPC and Section 7/8 POCSO Act, P.S. Kotwali, District Deoria 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 :- 13.3.2019

Masarrat