Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57484 of 2019 Applicant :- Jitendra Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Vineet Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Supplementary affidavit has been filed today. Taken on record.
2. Heard Sri Vineet Kumar Singh, learned counsel for the applicant as well as Sri Nagendra Srivastava, learned AGA for the State and perused the material placed on record.
3. The instant bail application has been filed on behalf of the applicant - Jitendra Kumar with a prayer to release him on bail in Case Crime No. - 177 of 2019, under Sections - 147, 148, 504, 506 and 307 IPC, Police Station - Rajghat, District - Gorakhpur, during pendency of trial.
4. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of attempt to murder and other charges, punishable with imprisonment upto life;
(ii) against FIR lodged on 30.10.2019, the applicant is in confinement since 10.11.2019;
(iii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iv) the applicant has no criminal history;
(v) though investigation is pending yet at present no justifiable cause has been shown to continue the detention of the applicant for an indefinite period;
(vi) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant, neither the applicant was named in the FIR nor any specific role has been assigned to him during investigation. In fact, the main accusation has been made against other accused person;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness.
5. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the investigation/trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
6. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
7. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 20.12.2019 Prakhar