Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39922 of 2021 Applicant :- Jitendra Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Dinesh Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Aslam,J.
Heard Sri Dinesh Kumar Verma, learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Jitendra Kumar in Case Crime No. 65 of 2017, under Sections 308, 323, 504 I.P.C., Police Station- Chandpur, District- Fatehpur, with the prayer to enlarge him on bail during trial.
The submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. As per the prosecution case, the incident in question is alleged to have taken place on 28.07.2016 at about 3:00 P.M. for which N.C.R. No. 84 of 2016 was lodged by the informant Smt. Siyajanki on the same day at about 16:30 hrs. under Sections 323, 504 I.P.C. alleging therein that while her husband was pissing beside the road, accused persons Ram Naresh, Jitendra Kumar (appellant), Hari Lal and Jai Karan have forbade him and beaten him by kicks, fists and lathi-danda. On 06.09.2016 informant moved an application under Section 155(2) Cr.P.C. before the Judicial Magistrate, Fatehpur and in compliance of order of Judicial Magistrate dated 12.09.2016 the police started investigation, and thereafter, Section 308 I.P.C. was added. Learned counsel has submitted that this is a cross-case in which first information report was also lodged from the side of applicant in which informant party was released on bail by the lower court. The injuries sustained by the injured are simple in nature. There is no early prospect of conclusion of trial. So, the applicant, who is languishing in jail since 18.08.2021, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant and submitted that fracture was found on temporal bone and on the forearm, but he could not dispute that in the cross-case informant party was released on bail and there is no evidence on record to show that injured was admitted in hospital or was subjected to any operation.
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, the Court is of the view that the applicant is entitled to be released on bail.
Let applicant- Jitendra Kumar 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 evidence during the trial.
2. The applicant shall not pressurize/intimidate the prosecution witness.
3. The applicant shall 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 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 condition, the prosecution shall be at liberty to seek cancellation of bail in accordance with law.
The party may file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by pairokar of the applicant.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 20.12.2021 Vikas