Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52092 of 2019 Applicant :- Jitendra Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Kailash Nath Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and Mr Krishna Gopal, learned counsel appearing for State and perused the record of the case.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. No incriminating article or material has been recovered from the applicant and a false recovery has been shown against the applicant from his house. There is no public witness of the alleged recovery. The applicant has no criminal history. He lastly submitted that the applicant is languishing in jail since 25.10.2019.
Learned AGA does not dispute the aforesaid fact.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment; as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Jitendra Kumar be enlarged on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned in case crime No. 259 of 2019, under Sections 420, 465, 468, 471 IPC and Section 60 of Excise Act, P.S. Khetasarai, District Jaunpur subject to following conditions:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 27.11.2019 RavindraKSingh