Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29907 of 2019 Applicant :- Jitendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Tripathi, Shivang Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Supplementary affidavit filed on behalf of the applicant in Court today is taken on record.
Heard Sri Sanjay Tripathi, learned counsel for the applicant, Sri Prashant Kumar Singh, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant- Jitendra with a prayer to release him on bail in Case Crime No. 14 of 2019, under Sections 147, 148, 149, 307, 323, 504, 506 I.P.C., Police Station- Rath, District- Hamirpur, during pendency of trial.
It is argued by the learned counsel for the applicant that as per the allegations made in the F.I.R., earlier the co-accused Dhirendra and Kapil tried to commit indecent act with the daughter-in-law of Jai Singh, for which a complaint has been made to the concerned Police Station by Jai Singh, due to same, all the accused persons were inimical to Jai Singh's family. On 22.01.2019, at about 4 p.m., Vinod, Parmeshwari Dayal, Moolchandra, Ranjeet and Jai Singh were sitting in front of the door of the complainant, at that time, as many as 10 accused persons came and they started using filthy language due to which there was a quarrel among them and the applicant hit Vinod by fire arm due to which he has sustained injuries on his chest. Four ladies from the applicant's side has also sustained injuries for which the mother of the applicant has also lodged a first information report against the complainant's side which has been registered as Case Crime No. 20 of 2019. Learned counsel for the applicant has then argued that it is cross case and who, out of the two rival groups, is the aggressor, cannot be determined at this stage.
It has further been argued by the applicant that earlier, the real sister of the applicant was killed by family members of her in- laws, consequently, F.I.R. was lodged by the father of the applicant under Sections 498 A, 304B I.P.C. and 3/4 D.P. Act as Case Crime No. 391 of 2018 against sister of in-laws' family including Shiv Narayan and Umesh Yadav, who was relative of complainant and for exerting pressure to withdraw court proceeding of this F.I.R. the present first information report has been lodged. Injuries have been sustained by family members of both sides due to earlier dispute. The applicant is in jail since 31.01.2019. The applicant has no criminal history except in the present case. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the 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.
Order Date :- 25.7.2019 Priya