Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50797 of 2017 Applicant :- Jitendar Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Varun Dev Sharma Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Counter affidavit filed on behalf of the State is taken on record.
Heard Sri Varun Dev Sharma, learned counsel for the applicant and Sri R.S.Parihar, learned A.G.A. appearing for the State.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case due to old enmity and he has committed no offence. It is next contended that neither the applicant is named in the FIR nor anything is recovered from the possession of the applicant.The applicant was truck driver of the complainant's truck and when he left the job the complainant started having inimical terms with him. The name of the applicant surfaced in the confessional statement of one Deepak Sharma, s/o Dharampal who claims to be the subsequent owner of the alleged recovered truck.Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 6.11.2017. Apart from it, learned AGA submitted that the applicant has no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Jitendar Singh involved in Case Crime No.262 of 2017 , under Sections 419, 420 I.P.C & Sec.60, 63 Excise Act,, Police Station Rohania, District Varanasi be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
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.
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Order Date :- 26.2.2018 IA