Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2485 of 2018 Applicant :- Jitendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Mr Pradeep Pandey Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit and rejoinder affidavit filed today are taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged against three accused persons namely, Jitendra, Jaini and Arun alleging that on 11.11.2017 they assaulted the injured, namely, Jagmohan @ Sonu with lathi-danda and bricks who received injuries i.e one head injury, two lacerated wound and one swelling.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case; offences levelled against the applicant are not attracted in the present case; applicant has no criminal history; injuries found on the body of the injured are simple in nature except one injury; there is no any direct evidence to connect the applicant with the present case; the co-accused Arun and Joni have already been enlarged on bail by this Court; copy of which have been taken on record; the role of the applicant is identical to that of the co- accused who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity; he is languishing in jail since 14.12.2017 (more than three months) and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused, the role of this accused is identical to the role of the accused who have already 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 the applicant Jitendra involved in Case Crime No. 962 of 2017, under Sections 308, 336, 504, 506 IPC, P.S. Muradnagar, District Ghaziabad 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 :- 27.3.2018 A. Tripathi