Allahabad High Court
Jaigovind And Another vs State Of U.P. on 24 October, 2019
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45053 of 2019 Applicant :- Jaigovind And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Varunesh Shukl,Santosh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
Submission is that applicants have been falsely implicated in this case. Applicant and co-accused have been assigned role of causing injury on the head of Lalman Yadav and Smt. Vidhyawati Devi by rod and danda. Only one grievous injury has been found on the temporal bone of the injured, Lalman Yadav. The role of causing injury has been assigned to two applicants but it has not known who caused the aforesaid injury. It has been submitted that the parties belong to the same family. There is dispute regarding land between them. The applicants are in jail since 08.08.2019. Applicant no.1 has criminal history of one case explained in para 18 of the affidavit filed in support of the bail application. Applicant no.2 has no criminal history to his credit.
On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 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.
Let the applicants, Jaigovind and Abhishek Yadav involved in Case Crime No.115 of 2018, under Sections 147, 148, 452, 323, 504, 506, 308, 427 and 325 IPC, Police Station Gagaha, District- Gorakhpur be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.
5. The applicants 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 24.10.2019 SS