Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41261 of 2018 Applicant :- Jitendra Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravindra Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, Sri Akhilendra Yadav, learned counsel for the first informant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Jitendra Singh seeking bail in Case Crime No. 369 of 2018, under Sections 147, 148, 307, 504 and 506 I.P.C., P.S. Sirsaganj, District Firozabad.
Learned counsel for the applicant has submitted that the applicant is not named in the FIR. He has further submitted that even as per the statement of the first informant recorded under Section 161 Cr.P.C., the name of the applicant had not surfaced. Subsequently, in the statement of victim Deepesh @ Raju, the name of the applicant has been disclosed. From the perusal of the statement of victim Deepesh @ Raju, no specific role of assault has been assigned to the applicant.
He has further submitted that the applicant is in jail since 27.08.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. He has further submitted that the applicant has no previous criminal history.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the arguments of the learned counsel for the applicant and the fact that the applicant is in jail since 27.08.2018.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Jitendra Singh 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 subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 29.10.2018 Arun Gangwar