Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17629 of 2017 Applicant :- Jeetu Opposite Party :- State Of U.P.
Counsel for Applicant :- Lalit Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri V.K. Tripathi, learned counsel for the applicant, Sri A.K.Verma,learned counsel for the informant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-Jeetu in Case Crime No.420 of 2016, under Sections 302 and 34 I.P.C., Police Station Mahavan, District-Mathura with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant is wholly innocent and has been falsely implicated in the present case on the basis of suspicion. It is next argued that only evidence collected during investigation against him is of last seen. It is further argued that muffler and stone by which the deceased was done to death were recovered on the joint pointing out of applicant and three others. Counsel has also drawn the attention of the Court to the bail orders dated 21.11.2017, 28.12.2017 and 15.3.2018 passed with regard to co-accused Virendra, Deepak and Murari by other Benches of this Court in Criminal Misc. Bail Application Nos. 35792 of 2017, 20297 of 2017 and 9933 of 2018 respectively There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 10.12.2016, also deserves to be released on bail.
Per contra, learned AGA as well as learned counsel for the informant vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant-Jeetu be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 24.4.2018/MN/-