Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40201 of 2019 Applicant :- Jitendra Opposite Party :- State Of U.P. Counsel for Applicant :- Jitendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri Pawan Kumar Dubey, Advocate on behalf of complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as Sri Mayank Mishra, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged against four accused persons, namely Jitendra, Vishwkarma, Sunil Kumar and Surajpal alleging that on 12.5.2019 they assaulted Sachin with lathi-danda, he received five injuries, one on head, resultantly died. During investigation, the name of applicant was surfaced. Stick (danda) used in the crime was recovered at pointing out of each co-accused Sunil Kumar and Surajpal.
It is submitted by learned counsel for the applicant that co- accused namely Ravi Kumar @ Vijay Bahadur has been granted bail by this Court vide order dated 19.8.2019 in Criminal Misc. Bail Application No. 33450 of 2019, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant is innocent and has been falsely implicated in the present case. There are general allegations against the applicant. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 31.5.2019 (near about four months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for the complainant opposed the prayer for bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history and the case of present applicant is identical to co- accused Ravi Kumar @ Vijay Bahadur who has been enlarged on bail.
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 applicant Jitendra involved in Case Crime No. 294 of 2019, under Sections 302, 504, 506 IPC, Police Station Tilhar, District Shahjahanpur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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 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 :- 27.9.2019 A. Singh