Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48801 of 2018 Applicant :- Jitendra Kumar Shukla And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Suraj Singh,Rajeev Nayan Singh,Shri V. P. Srivastava, Senior Advocate Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicants, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicants that identically placed co-accused Rajesh Kumar Shukla has been granted bail by another Bench of this Court on 29.11.2018 vide Criminal Misc. Bail Application No. 41875 of 2018. He further submits that since the role of the applicant is not distinguishable with the role of co-accused. It is next submitted that the applicants are innocent and have been falsely implicated in the present case. If they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and also the bail order passed in respect of co-accused Rajesh Kumar Shukla and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.
Let the applicants Jitendra Kumar Shukla and Deepak Kumar Shukla involved in Case Crime No. 673 of 2017, under Section 302 IPC, P.S. Manjhanpur, District Kaushambi be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants 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 applicants 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 them 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.
Order Date :- 20.12.2018 Sachdeva