Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43806 of 2021 Applicant :- Jitendra And 2 Others Opposite Party :- State of U.P.
Counsel for Applicant :- Yogesh Kumar Singh,Ujjwal Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicants in case crime No. 99/2020, under Sections 323, 324, 504, 308 IPC, police station Adalhat, District Mirzapur with the prayer to enlarge the applicants on bail.
It has been argued by learned counsel for the applicants that the accused-applicants are innocent and they have been falsely implicated in this case. It was submitted that FIR was lodged against four accused persons and that only general allegations of assault have been levelled against all the four accused persons. Learned counsel has pointed out the medical examination reports of injured Rohit and Bablu and submitted that injured Rohit has sustained two injuries but there is no such specific evidence that who is the author of said injuries. Similarly, injured Bablu has also sustained two injuries. Learned counsel has submitted that the injuries sustained by injured are simple in nature and that no specific role has been assigned to the applicants in causing injuries to the injured persons. It was also submitted that applicant no. 3 Dharamshila is a lady and she has given birth to a child one and half month prior to this case. Learned counsel has pointed out statement of injured Rohit, who has stated that injuries at his head were caused by co-accused Gyandas. It has further been argued that the applicants are in judicial custody since 07.09.2021, having no criminal history and that in case, applicants are enlarged on bail, the applicants will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, 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 applicants Jitendra, Dhirendra and Dharamshila involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicants will not tamper with the evidence during trial.
2. The applicants will not pressurize/intimidate the prosecution witnesses.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the court below shall be at liberty to cancel the bail of applicants in accordance with law.
Order Date :- 28.10.2021 Anand