Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33702 of 2019 Applicant :- Jeetu @ Jitendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Shekhar Gangal Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Submission is that the informant has not supported the allegation of firing by the applicant on injured, Sanjay before the Trial Court. There is prior enmity between the parties since the matrimonial dispute with the sister of the applicant is pending against the husband and other members of her matrimonial home and the informant of this case, Sanjay, is closely related to them. The applicant is in jail since 17.07.2019 and he has criminal history of two cases, which have been initiated by the members of the matrimonial home of his sister.
On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, 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 applicant has made out a case for bail. The bail application is allowed.
Let the applicant Jeetu @ Jitendra involved in Case Crime No.229 of 2017, under Sections 307, 504, 506 IPC, Police Station Dadon, District- Aligarh 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 not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant 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 applicant 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 :- 21.8.2019 SS