Jagdish Jaiswara v. State of U.P

Hon'ble Ashutosh Srivastava,J. Heard Shri Vijay Kumar Rai, learned counsel for the applicant, Shri Shyam Narain Rai, learned AGA for the State-respondents and perused the record. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Jagdish Jaiswara, seeking enlargement on bail in Case Crime No. 26 of 2022, under Sections 419, 420, 467, 468, 471, 120-B of the Indian Penal Code and 3/7 of Essential Commodities Act, District- Azamgarh. Police Station-Kandharapur, Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 5.4.2024. Learned counsel for the applicant submits that the FIR was lodged by the order of District Magistrate on the recommendation of Supply Inspector on 19.1.2022. Learned counsel for the applicant submits that after 03.11.2020 i.e. the date of surrender of the ration shop, the said shop was operated by his father, after the death of his father, the shop was operated by the brother of the applicant without his consent. The applicant and co-accused Satish Chandra are real brothers and are living separately and the applicant has no concern with co-accused. He 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. Learned AGA has vehemently opposed the prayer for bail. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Jagdish Jaiswara, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: