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2025 DAILYLAW 51247 (ALL)

JAYVEER SINGH v. STATE OF U.P.

BAIL/14602/2025 · 2025-05-27

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:91087 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14602 of 2025 Applicant :- Jayveer Singh Opposite Party :- State of U.P. Counsel for Applicant :- Tripurari Pal Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Ms. Rachana yadav, Advocate, under the authority of Shri Tripurari Pal, learned counsel for the applicant and Rajesh Kumar Singh, learned AGA for the State-respondent. 2. The instant bail application under Section 439 Cr.P.C. has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 186 of 2024, under Sections 147, 149, 323, 504, 506, 501, 365, 367, 327 IPC & Section 66 of I.T. Act, Police Station Faij Ganj Behata, District Budaun, during the pendency of trial. 3. Counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the instant case. As per the medical report, the injured sustained two injuries. The said injuries were found simple in nature. The applicant was known to the informant as he was resident of the same village. The name of the applicant was subsequently disclosed in the statement of the informant. It is contended that the said statement is an after thought. There is no explanation for not disclosing the name of the applicant in the FIR. Co-accused Naresh Pal has been granted bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No. 24947 of 2024, vide order dated 05.07.2024. The applicant is in jail since 14.05.2024 having no criminal history and in case he is enlarged on bail, he will not misuse the said liberty. 4. Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record, this Court prima facie finds that the applicant was not named in the FIR. The injured has sustained injuries which were found simple in nature. The applicant has no criminal antecedents. Further, the applicant has remained confined for almost two months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant Jayveer Singh, involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; and, (iii) shall not pressurize the prosecution witnesses. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 28.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad