Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32090 of 2018 Applicant :- Anees Jatav And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Raj Kumar Mishra,Akhilesh 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 the victim is aged about 40 years. The medical report does not supports the prosecution case. It has been submitted that the applicants as well as the victim are labourers and lived in near vicinity. The applicants have been falsely implicated for ulterior motives. They are in jail since 04.06.2017 and have no criminal history to their credit.
On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties,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 applicants have made out a case for bail. The bail application is allowed.
Let the applicants Anees Jatav and Hanu Jatav alias Hanumant Singh, involved in Case Crime No.181 of 2017, under Sections 342, 372, 373, 376D, 504, 506 IPC, Police Station Chaubia, District- Etawah 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 :- 26.7.2019 SS