Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31553 of 2017 Applicant :- Jitendra Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Shiv Kumar Singh Rajawat Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit filed today is taken on record.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case,FIR was lodged against Vivek, Jitendra Kumar, Sunil Kumar and Baladin @ Balle alleging that they have attempted to abduct daughter of complainant after her marriage.
It is submitted by learned counsel for the applicant that the case of present applicant is identical to co-accused Sunil Kumar who has already been enlarged on bail vide order dated 11.10.2017 passed in Criminal Misc. Bail Application No.30213 of 2017 and the applicant is entitled to bail on the ground of parity. Co- accused Vivek Kumar has also been enlarged on bail vide order dated 6.10.2017 passed in Criminal Misc. Bail Application No.37793 of 2017. Bail orders produced during argument are taken on record. The applicant has been falsely implicated in the present case. He has no criminal history. He is languishing in jail since 30.6.2017(about 5 months) and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Jitendra Kumar involved in Case Crime No.179 of 2017, under Section 342, 352, 366, 511, 504, 506 IPC, Police Station Panwadi, District Mahoba be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will 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 him 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 conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 28.11.2017 P.P.