Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45378 of 2021 Applicant :- Jitendra Prasad Opposite Party :- State of U.P.
Counsel for Applicant :- Anil Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Heard Sri Anil Kumar Yadav, learned counsel for the applicant, learned A.G.A. for the State and perused the record of the case.
The present bail application has been filed on behalf of applicant, Jitendra Prasad with a prayer to release him on bail in Case Crime No. 62 of 2019, under Sections 420, 467, 468, 471 I.P.C., Police Station- Khukhundu, District- Deoria, during pendency of trial.
Brief facts of the case are that first information report dated 5.4.2019 has been lodged against the applicant and other co- accused Rishikesh stating that applicant and other co-accused received Rs. 3,00,000/- for providing a service of Ward Boy in King George Medical College, Lucknow, and gave an appointment being Letter No. 3812/1208/012L dated 18.6.2015 which was found forged. After on payment, they gave an affidavit along with cheque of Rs. 25,000/- which has been dishonoured.
It has been submitted by the learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It has further submitted that alleged appointment letter dated 18.6.2015 has not been made part of the investigation. It is further submitted that first information report has been lodged after four years of the alleged appointment letter. There is no date or mode has been mentioned with regard to the payment. Applicant has not received any penny from the first informant. Report shows that first informant has been deposited money in the name of Md. Husain, Nitesh Maurya and Rishikesh. It is next contended that no other criminal antecedent to his credit. It is next submitted that there is also no possibility of the applicant either fleeing away from the judicial process or tampering with the witnesses. The applicant, who is languishing in jail since 23.5.2021 undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Per contra learned A.G.A. has opposed the prayer for bail. In case the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail.
Let applicant, Jitendra Prasad be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions-
(i) 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 her from disclosing such facts to the court or to any police officer or tamper with the evidence.
(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.
(iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 of Cr.P.C.
(iv) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
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. 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 :- 20.12.2021 A.P. Pandey