Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2315 of 2019 Applicant :- Jeetu @ Jitendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Pankaj Sharma,Prashant Sharma Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
This case is being taken up as per order of Hon'ble The Chief Justice vide order dated 17.1.2019.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.
According to prosecution case,FIR was lodged on 17.6.2018 at 17:35 hours against Smt. Guddi Devi, Ajay and Vipin Kushwaha alleging that on 15.6.2018 at 10 P.M. they assaulted Mahendra Singh till death by strangulation. Later on, during investigation, name of applicant was disclosed by daughter of the deceased. According to postmortem report, deceased received six ante-mortem injuries and cause of death was found asphyxia as a result of ante-mortem throttling.
It is submitted by learned counsel for the applicant that applicant is not named in the FIR. After 23 days of incident, name of applicant was disclosed. The incident is of night and nobody has seen the incident. First of all, dead body was found, later on, on suspicion three persons were named and the story was developed that there was illicit relation of applicant with Guddi, wife of deceased. Due to that incident took place. There is no independent witness. He has no concern with Ajay. He is languishing in jail since 12.7.2018(more than six months) having no criminal history. He has been falsely implicated. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no criminal history and he was not named in the FIR. He further submitted that the case of applicant is distinguishable.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence 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 applicant Jeetu @ Jitendra involved in S.T. No. 321 of 2018 arising out of Case Crime No.415 of 2018, under Section 302, 506, 34 IPC, Police Station Sikandrarau, District Hathras be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
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 he is accused, or suspected, of the commission of which he is 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 him 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 court below shall be at liberty to cancel the bail.
It is made clear that no parity of this bail can be claimed by other co-accused.
Order Date :- 21.1.2019 P.P.