Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39310 of 2017 Applicant :- Jitendra Prasad Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Kedar Nath Mishra,Manoj Kumar Counsel for Opposite Party :- G.A.
Hon'ble Abhai Kumar,J.
Heard learned counsel for the accused-applicant, learned A.G.A for the State and perused the record.
The applicant seeks bail in Case Crime No. 288 of 2011, under sections 419, 420, 467, 468 I.P.C., Police Station Kotwali District Azamgarh.
It is submitted by the learned counsel for the applicant that as per allegation the applicant got appointment in the year 1975 on the basis of caste certificate of 'Kharwar' on the post of Constable in in R.P.F. It is also the allegation of the prosecution that the applicant got a letter issued by the Additional District Judge(Administration) Azamgarh fabricated and inserted one sentence that the applicant belongs to Scheduled Caste. It is also the submission of the learned counsel that no undue benefit is being taken by the applicant as 'Kharwar' caste is still in Scheduled caste as has been notified by the U.P. Government. It is the further submission of the learned counsel that there was no occasion to manipulate the documents by the applicant and all the correspondence in this regard are official correspondence and the applicant was not in a position to make any forgery like that. It is the further submission of the of the learned counsel for the applicant that the applicant is in jail since 12.8.2017. He is a retired person aged about 66 years. It is next contended that in case the applicant is enlarged on bail, he will not misuse the liberty of bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Seeing the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material brought on record, a prima facie case for bail is made out.
Let the applicant Jitendra Prasad Singh be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions: -
1. The applicant shall co-operate in the investigation.
2. The applicant shall not tamper with the prosecution evidence.
3. The applicant shall not pressurize the prosecution witnesses.
4. The applicant shall appear on the date fixed by the trial Court.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court before the bonds are accepted.
Order Date :- 27.11.2017 N.A.