Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21519 of 2021 Applicant :- Jitendra Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Ashok Kumar Singh,Pratibha Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Jitendra Kumar, in Case Crime No. 309 of 2020, under Sections- 419, 420 I.P.C. & 66D of I.T. Act, P.S. Khutahan, District- Jaunpur.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 20.2.2021; there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; he was not named in the first information report nor there was any recovery from him; the alleged recovery of four ATM cards was planted one; there is no independent public witness of alleged recovery; he is with six criminal antecedents, wherein, he was falsely implicated and is on bail, which is explained in paragraph No. 13 of the affidavit, filed in support of bail application. Hence, bail has been prayed for.
Learned AGA has vehemently opposed.
Having heard learned counsels for both sides and gone through materials placed on record as well as considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Jitendra Kumar, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. 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.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 27.10.2021 Kamarjahan