Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11369 of 2018 Applicant :- Jitendra Sahani @ Ajay Sahani Opposite Party :- State Of U.P.
Counsel for Applicant :- Jai Shanker Upadhyay,Abhay Kant Upadhyay,Karuna Kant Updhyay,Neelkant Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against three accused persons, namely, Jitendra Sahani @ Ajay Sahani, Ramesh Yadav @ Gautam and Jawahar Lal @ Laddu alleging that on 25.11.2017 they were arrested by the Police and some motorcycles were recovered from their possession.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there is no independent witness against the applicant; the co-accused Ramesh Yadav @ Gautam has already been enlarged on bail by Co-ordinate Bench of this Court vide order dated 02.02.2018 passed in Criminal Misc. Bail Application No. 3844 of 2018; the recovered vehicles have not been connected with any offence; hence no offence is made out against the applicant; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 25.11.2017 (more than four months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused.
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 opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicant Jitendra Sahani @ Ajay Sahani involved in the Case Crime No. 614 of 2017 S.T. No. 47 of 2018, (State Vs. Jitendra & others), under Sections 379, 411, 413, 414, 419, 420, 467, 468 I.P.C. and under Sections 41, 102 Cr.P.C., P.S. Fefana, District Ballia be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 :- 28.3.2018/A. Tripathi