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Neutral Citation No. - 2025:AHC:139222 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24514 of 2025 Applicant :- Jagpal Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Upadhyay Counsel for Opposite Party :- G.A.,Habaldar Singh Katheria Hon'ble Ashutosh Srivastava,J. Heard Shri Rajeev Upadhyay, learned counsel for the applicant, Shri Habaldar Singh Katheria, learned counsel for the first informant and Shri Ajai Singh, learned A.G.A. for the State and perused the record. The present bail application has been filed by the applicant Jagpal with a prayer to enlarge him on bail in Case Crime No. 80 of 2025, under Sections 333, 115 (2), 352, 105 B.N.S. Police Station- Maudarwaja, District-Farrukhabad, during pendency of trial.
Learned counsel for the applicant submits that the applicant is innocent. He has been falsely implicated in the present case and is languishing in jail since 27.03.2025. He further submits that first information report was lodged by the first informant with the allegation that on the date of incident i.e. 14.03.2025, all the accused persons hurled abuses in front of the house of the first informant and when the first informant tried to stop them they started beating the applicant and when the sons of the applicant namely Vikram, Ashok and Akash, and grandson Aman tried to save him all the accused persons severely beaten them by Lathi, Danda, kick and fists. On the next day of the incident i.e. 15.03.2025, on the mediation of the husband of the Pradhan and other villagers both the parties have entered into compromise. On 17.03.2025 the injured Vikarm became ill thereafter he was taken to Agra where during treatment he died. Learned counsel for the applicant submits that the First Information Report was lodged with a delay of eight days without any plausible explanation. He further submits that general role has been assigned to all the accused persons. In the post mortem report the cause of death has been mentioned as Coma as the result of Antemortem Head Injury. No specific role has been assigned to the applicant. Applicant has no Criminal antecedent and there is no likelihood of his fleeing
from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Per contra, learned A.G.A. has vehemently opposed the bail prayer of the applicant but could not dispute the fact that the applicant has no criminal antecedents. Considering the nature of the offence, material/evidence brought on record, complicity of the accused, severity of punishment, the
submissions made by the learned counsel for the parties, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. Let the applicant-Jagpal, involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 14.8.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad