Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20904 of 2021 Applicant :- Jitendra Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Janardan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Naveen Srivastava,J.
Heard over bail application moved by applicant-Jitendra Kumar to release him on bail in Case Crime No.243 of 2020, under Sections 420 I.P.C. and 66-D of I.T. Act, P.S.-Phoolpur, District- Azamgarh.
Heard learned counsel for the applicant and learned AGA representing the State through video conferencing and perused the record.
Learned counsel for the applicant argued that accused-applicant is innocent and has falsely been implicated in the present case. It is further submitted that the applicant has not been named in the F.I.R. and the F.I.R. has been lodged on 09.10.2020 and there is no explanation of delay in lodging the F.I.R. It is also submitted that the accused applicant was arrested from his house on 20.02.2021 and the alleged recovery of ATM Card has falsely been planted. There is no independent witness of the alleged recovery. It is further submitted that the applicant has no previous criminal history and is languishing in jail since 20.02.2021 and he will not misuse the liberty if he is enlarged on bail.
Learned A.G.A. has vehemently opposed the bail application, but could not dispute the fact argued by learned counsel for the applicant.
Having heard learned counsel for both sides and gone through materials on record, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
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 :- 24.5.2021 SK Goswami Digitally signed by NAVEEN SRIVASTAVA Date: 2021.06.03 14:50:45 IST Reason: Document Owner Location: High Court of Judicature at Allahabad