Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34145 of 2021 Applicant :- Jeetu @ Jitendra Opposite Party :- State of U.P.
Counsel for Applicant :- Subhash Chandra Raghav,Gaurav Kakkar,Rajesh Kumar Singh,Swati Agrawal Srivastava Counsel for Opposite Party :- G.A.,Amit Daga,Mayank
Hon'ble Rajiv Joshi,J.
Heard Sri Gaurav Kakkar, learned counsel for the applicant, Sri Mayank, learned counsel for the informant as well as learned A.G.A for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.85 of 2021, under Sections- 147, 148, 149, 302, 307, 120-B I.P.C., Police Station- Kotwali, District- Mathura, during pendency of trial.
It is submitted by learned counsel for applicant that applicant is innocent and has falsely been implicated in the present case. It is next submitted that the FIR was lodged against the applicant and five other accused persons to the effect that they have assaulted the injured namely Meera Thakur as a result thereof, she sustained serious injuries and subsequently died. It is next submitted that general role of assault has been assigned to all the accused persons. It is next submitted that from the statement of the injured- Kunj Bihari, general role of assault has been assigned to all the accused persons including the applicant. As per the postmortem report, cause of death due to ante-mortem single shot injury. It is next contended that co-accused namely Nand Kishore and Diwan Singh having identical role to the applicant had already been granted bail by another Bench of this Court vide orders dated 5.8.2021 and 22.10.2021 passed in Criminal Misc. Bail Application No.20729 of 2021 and 34767 of 2021 respectively, a copy of said orders have been produced by learned counsel for the applicant. The applicant is in jail since 14.2.2021 and has no criminal history as stated in paragraph no. 36 to the supplementary affidavit and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
Learned A.G.A. as well as learned counsel for the informant have opposed the bail prayer of the applicant but could not dispute the aforesaid fact.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail. The application is allowed.
Let the applicant, Jeetu @ Jitendra who is involved in aforesaid crime 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 following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 29.10.2021/Akbar