Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14181 of 2021 Applicant :- Jitendra Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Lakshman Singh,Muktesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Lakshman Singh, learned counsel for the applicant and Sri A.D. Mishra, learned A.G.A. for State and perused the record.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 181 of 2020 under Sections 10 of Uttar Pradesh Control of Goondas Act, 1970, Police Station Gohan, District Jalaun, during the pendency of trial.
Learned counsel for the applicant contends that in F.I.R. case against the accused-applicant is that he was convicted under Section 3(1) of Goondas Act and was punished with externment for six months and notice was personally got served upon him but he violated the said punishment which is punishable under Section 10 of the Goondas Act with maximum three years. It is further argued that applicant did not have knowledge of the said order as it was passed ex-parte. He has criminal history of five cases which has been explained in paragraph no. 8 of the affidavit and all these cases are of the Excise Act except one which is of Arms Act of which bail order is annexed at page 32 of the paper book. In rest of the cases, he has been granted bail on personal bond. The applicant is languishing in jail since 27.11.2020. If he is released on bail, he would not misuse the liberty.
Learned AGA has opposed the prayer of bail, but has not controverted the aforesaid fact.
In view of above arguments, looking to the fact, taking into consideration the quantum of punishment, nature of offence, there are no chances of accused fleeing from justice and period of detention, without expressing any opinion on the merits, this case is found to be a fit case for bail.
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:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
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 concerned before the bonds are accepted.
Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicant is placed before the Court, the same would be entertained.
Order Date :- 6.4.2021 A.P. Pandey