Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47216 of 2021 Applicant :- Jitendra Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Rajesh Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Sri Rajesh Dwivedi, learned counsel for the applicant, and Sri K.K. Rajbhar, learned AGA for the State.
This bail application purported to be under Section 439 of the Cr.P.C. has been moved on behalf of the applicant being Jitendra Singh for seeking bail in Case Crime No. 141 of 2019 under Section 420, 467, 468, 471, 406 IPC registered at Police Station- Kalyanpur, District- Kanpur Nagar.
The bail application of the applicant has been rejected by the court below on 21.10.2021.
The learned counsel for the applicant has argued that the FIR has been lodged by the complainant being Meena Bajpai against three named accused persons including the applicant at police station Kalyanpur, District Kanpur Nagar being FIR No. 0141 on 17.02.2019 u/s 420, 467, 468, 471, 406 IPC. He further submitted that the present dispute is nothing but purely civil dispute as the question herein is with regard to the legality and validity of power of attorney so executed by Sri Manukh Parikh, Smt. Shakuntala and Sri Prakash Agrawal, the applicant and two others executed a sale deed of plot no. 783 in favour of the complainant for Rs. 2,40,000/-. He further submits that a compromise has been entered between the parties on 15.03.2019 whereby the plot no. 783 was to be returned and Rs.
9.00 lakhs were to be paid to the complainant. The learned counsel for the applicant has further submits that the present FIR has been lodged just to falsely implicate the applicant. He next argued that the applicant is in jail since 10.09.2021 and the paragraph no. 17 shows that the applicant has no criminal history. He lastly submits that if the applicant is released on bail, he will not misuse the liberty of bail.
Countering the said submission, learned AGA for the State has opposed the bail and argued that this is not a fit case for bail wherein the applicant should be enlarged on bail. However, the learned A.G.A. has not disputed the fact that the applicant does not possess any criminal history.
Looking into the nature of the offence, there are no chances of accused fleeing from justice and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.
In the light of the aforenoted discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant Jitendra Singh involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
(i). The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
(ii). The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii). The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
(iv). 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 to any police officer or tamper with the evidence.
(v). In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
(vi). Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 21.12.2021/Nisha