Jagpal Singh vs State Of U.P. And Another
2023 Latest Caselaw 12586 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 82
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1123 of 2023
 

 
Applicant :- Jagpal Singh
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Manoj Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Subhash Chandra Sharma,J.

Supplementary affidavit filed by learned counsel for the applicant today is taken on record.

Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material placed on record.

This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No.16 of 1990, under Section 307 I.P.C., Police Station Charthawal, District Muaffarnagar, during the pendency of trial.

It is submitted that in this case applicant is innocent and has falsely been implicated. Further submitted that in this case F.I.R. was lodged in the year 1990 and after investigation final report was submitted but it was rejected by the learned court concerned and applicant was summoned with other co-accused persons straightway which was challenged before this Court in which proceedings were stayed by order dated 30.01.1992. Later on, on account of impact of judgment passed by Hon'ble the Apex Court in the case of Asian Resurfacing case the order of stay passed by this Court came to an end as a result process was issued by the learned court concerned against the applicant. It is further submitted that no any specific role has been assigned against the present applicant but he is said to be in company of other co-accused persons who made fire on the injured causing injuries on his waist. Now applicant is ready to face the trial but in pursuance of the process of the learned court concerned he is under apprehension of imminent arrest. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the trial.

Learned A.G.A. opposed the prayer for anticipatory bail and urged that in this case fire arm injury was sustained by the injured Mahendra Singh and applicant was also there with other co-accused persons in furtherance of common intention of all. Now applicant and other co-accused persons are avoiding the process of the court and also avoiding the trial, therefore, applicant is not entitled for anticipatory bail.

Considering the facts and circumstances of the case, submissions made by learned counsel for the applicant as well as learned A.G.A., perusal of record and the injuries found on the person of the injured, there appears no ground to grant anticipatory bail in favour of this applicant.

Accordingly, the anticipatory bail application is, hereby, rejected.

Order Date :- 24.4.2023

Ashok Gupta