Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14796 of 2021 Applicant :- Jitendra Opposite Party :- State of U.P.
Counsel for Applicant :- Vikas Tiwari Counsel for Opposite Party :- G.A.,Raja Ram Kushwaha Connected With Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6256 of 2021 Applicant :- Rohit Rajpoot And Another Opposite Party :- State of U.P. Counsel for Applicant :- Vikas Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicants, learned counsel for the informant as well as learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case. They have not committed the present offence. It is further submitted that F.I.R. was lodged on the basis of false facts. Informant is not eye account witness. In-fact, deceased sustained injuries in road accident and due to that reason when he was taken to the hospital for treatment by the police, injury report was prepared as unknown person. It is further submitted that in the first statement recorded under Section 161 Cr.P.C., witness Anil Yadav did not disclose the name of the applicants. He has disclosed the name of the applicants in the second statement. It is further submitted that no test identification parade has been arranged in this matter. None has seen the present incident. On information given by some unknown persons, local police took the deceased to the hospital. Offence under Section 304 IPC is not made out. Applicants were falsely implicated in this matter. In criminal case shown as criminal history against the applicant Rohit Rajpoot, he is on bail. They are languishing in jail since 24.10.2020 & 02.11.2020 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned counsel for the informant as well as learned AGA opposing the prayer for bail argued that informant was the eye account witness. Witness Anil Yadav has named the applicant in his statement recorded under Section 161 Cr.P.C.. A prima facie case is made out against the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.
Let the applicants Jitendra, Rohit Rajpoot and Deepak involved in Case Crime No. 253 of 2020, under Sections 304, 34 IPC, P.S. Muskara, District - Hamirpur be released on bail on furnishing each a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants 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 them 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 prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 7.4.2021 Sanjeet