Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16409 of 2021 Applicant :- Jeetu Opposite Party :- State of U.P.
Counsel for Applicant :- Raghubir Singh Counsel for Opposite Party :- G.A.,Yogesh Kumar Srivastava
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 496 of 2020, under Sections 147, 148, 149, 307, 302, 504 and 34 I.P.C., P.S. Narakhi, district-Forozabad, is seeking enlargement on bail during the trial.
The first information report was lodged by the complainant against eight persons, including present accused, alleging therein that on 19.11.2020 at about 9:00 O'clock in the morning all the accused persons due to enmity after hurling abuses assaulted the complainant and his other family members with lathi-danda, pharsa and firearm. It was also alleged in the FIR that on the exhortation of Vinay, co-accused Santosh had fired at the brother of the complainant Bhupendra, as a result of which he died on the spot.
Learned counsel for the applicant has submitted that although in the first information report it was alleged that eight persons, including applicant had assaulted the deceased with lathi-dand, pharsa and firearm, however, his postmortem report shows only one firearm injury. As per FIR version, the applicant was having lathi in his hand and the deceased died due to gunshot injury. In view of the above possibility of the prosecution case being exaggerated and false implication of several innocent persons in the present case cannot be ruled out. He lastly submitted that the applicant, who is in jail since 24.11.2020 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A., as well as learned counsel for the informant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Jeetu be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) 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.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official 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 :- 30.7.2021 Faridul