Advocates:
['SURESH CHANDRA PANDEY', 'G A', '', 'SATI SHANKER TRIPATHI', 'A K MISHRA']

Court No. - 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2928

of 2022

Applicant :- Jaggo @ Jagdish

Opposite Party :- State of U.P.

Counsel for Applicant :- Suresh Chandra Pandey

Counsel for Opposite Party :- G.A.,A.K. Mishra,Sati Shanker

Tripathi

Hon'ble Vivek Varma,J.

Heard learned counsel for the applicant, Sri Sati Shanker

Tripathi, learned counsel for the informant and learned A.G.A.

for the State respondent.

It is contended that as per the first information report, the

applicant along with Mahavir were armed with fire arm and

other five accused were armed with lathi and danda along with

unknown persons. Mahavir has been assigned the role of firing

upon injured Brij Vallabh. As per the injury report of Krishan

and Brij Vallabh, there are no fire arm injuries. Even in the

statement of injured no role of firing has been assigned to the

applicant. The applicant is in jail since 06.01.2022 and if he is

released on bail, he will not misuse the liberty of bail.

Learned A.G.A. has opposed the prayer for bail but could not

satisfactorily dispute the aforesaid submission from the record.

Perused the first information report as well as averments made

in the application.

Without expressing any opinion on the merits of the case and

considering the facts and circumstances of the case, let the

applicant Jaggo alias Jagdish involved in case crime no. 893 of

2019 under Section 336, 504, 506, 323, 326 IPC police station

Kotwali district Mathura be released on bail on his furnishing a

personal bond and two local sureties each in the like amount to

the satisfaction of court concerned subject to the conditions that

he:

1. shall appear on the date fixed by the trial court;

2. shall not tamper with the prosecution evidence;

3. shall not pressurize the prosecution witnesses.

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 :- 5.3.2022/Ashish

Digitally signed by ASHISH

Date: 2022.03.08 14:11:24 IST

Reason:

Location: High Court of

Judicature at Allahabad