Allahabad High Court
Jasveer Singh vs State Of U.P. on 11 April, 2023
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16091 of 2023
Applicant :- Jasveer Singh
Opposite Party :- State of U.P.
Counsel for Applicant :- Sunil Kumar Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Shri Sunil Kumar Srivastava, learned counsel for the applicant as well as Shri R.P. Patel, learned A.G.A. for the State and perused the record.
3. Applicant seeks bail in S.T. No.72 of 2023, arising out of Case Crime No.14 of 1987, under Sections 304 I.P.C., Police Station Fatehpur, District Saharanpur, during the pendency of trial.
4. As per prosecution story, the applicant and other co-accused persons were seen entering into a quarrel with the deceased Ramgiri in the night on 24.2.1987 at about 12:00-01:00 a.m. He was found in an injured condition by Chaman and other persons.
5. Learned counsel for the applicant has stated that the applicant is absolutely innocent and has been falsely implicated in the present case. Learned counsel has stated that the closure report was filed in respect of the present case and the applicant was summoned later on. The said summoning order was challenged in the High Court as such proceedings were stayed. The said stay order was set-aside in light of the judgment passed by the Apex Court in Asian Resurfacing of Road Agency Pvt. Ltd. v. Central Bureau of Investigation, (2018) 16 SCC 299 and process were issued against the applicant. The said process was even stayed by this Court vide order dated 17.2.2023 and the applicant was directed to surrender before the concerned court below within a period of two weeks. The applicant had already surrendered before the court on 10.1.2023 itself. Learned counsel has stated that two witnesses of fact, i.e., PW-2 and PW-3 have been examined during trial and have completely resiled from their earlier statements and have been cross-examined by the public prosecutor after declaring them hostile. The star witness PW-2 Chaman had also not supported the prosecution story. Learned counsel has stated that PW-1 is Panch witness as such he has given only formal statement. There is no likelihood of conviction of the applicant in the present case. The applicant is a bona fide person. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is no criminal history of the applicant. The applicant is languishing in jail since 10.1.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail.
6. Per contra, learned A.G.A. has vehemently opposed the bail application but could not dispute the submissions raised by the learned counsel for the applicant.
7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
8. Let the applicant- Jasveer Singh involved in aforementioned case crime number be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
(i) The applicant will not tamper with the evidence during the trial.
(ii). The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.
(v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
10. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
[Krishan Pahal, J.]
Order Date :- 11.4.2023
Vikas
