Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4045 of 2019 Applicant :- Jeetu Opposite Party :- State Of U.P.
Counsel for Applicant :- Siya Ram Verma,Deepak Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed today is taken on record.
This case has been assigned by the Hon'ble The Chief Justice vide order dated 29.1.2019.
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 against Jeetu, Vimal and Rishi alleging that on 7.7.2018 they assaulted Chandan(son of complainant) with kicks and fists and Rishi cut his penis with knife while Jeetu caught hold his hands from behind.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 13.10.2018(more than three and half months). Criminal history of two cases have been properly explained. He has been falsely implicated. Role of applicant is extended upto catching hold only. Chandan was discharged from hospital on 12.7.2018 after five days from the date of incident. Specific role has been assigned to co-accused Rishi. There is no independent witness. 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.
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 involved in Case Crime No.409 of 2018, under Section 323, 326, 506 IPC, Police Station Akbarpur, District Kanpur Dehat 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 this order will not be applicable to co- accused Rishi for claiming parity.
Order Date :- 29.1.2019 P.P.