Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38694 of 2018 Applicant :- Jitendra Banwasi @ Jattan Opposite Party :- State Of U.P.
Counsel for Applicant :- Gyanendra Prasad Mahant Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.
It is argued by the learned counsel for the applicant that the applicant has been falsely implicated in the present case on the basis of suspicion and enmity. The incident is said to have taken place on 3.1.2018 at about 11.30 p.m. in which the wife of the deceased has stated that on account of some money transaction, the applicant and two other co-accused assaulted her husband with lathi, danda and rod. In the F.I.R. neither she claimed herself to be an eyewitness nor disclosed names of the witnesses. However, during investigation, the prosecution introduced one Chandu on 12.2.2018 who claims himself to be eye- witness. It is further argued that the said witness is a got up witness who was introduced after a great delay and no reliance can be placed on his statement. It is next argued that similarly situated co-accused namely Jittan and Lakhandar have been granted bail by another Bench of this Court vide orders dated 12.10.2018 and 26.10.2018 passed in Criminal Misc. Bail Application Nos. 24519 of 2018 and 40615 of 2018 respectively, therefore, on the ground of parity, the applicant is also entitled to be released on bail. The applicant has no criminal history and he is languishing in jail since 06.04.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant namely Jitendra Banwasi @ Jattan involved in Case Crime No. 03 of 2018, under Section 304 I.P.C., Police Station Kerakat, District Jaunpur, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions that:-
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229- A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
However, It is made clear that in case the applicant indulges in intimidating or threatening any witness, the State or Prosecutor would be at liberty to file an application for cancellation of bail.
Order Date :- 27.10.2018 Rmk.