Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40186 of 2019 Applicant :- Jitendra Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Satya Narayan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri Arvind Agrawal, Advocate on behalf of complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as Ms. Ladlee Pandey, learned A.G.A. for the State and perused the record.
According to prosecution case, FIR was lodged against three persons namely, Pintoo Yadav, Dhirendra Yadav (Jija of Pintoo) and Jitendra Yadav alleging that Soorajpal Prajapati (father of complainant) went to meet Pintoo in connection with transaction of some money. Later on, dead body of Soorajpal Prajapati was recovered and five injuries including one on neck and one on chin were found on the body of deceased. During investigation, at the pointing out of Dhirendra Yadav, one nylon rope, countrymade pistol, stone and one mobile of deceased were recovered. Pintoo stated in his confessional statement before the police that Dhirendra Yadav had killed deceased with stone. During investigation, names of Ram Lakhan and Lamboo @ Mahabir were also surfaced and it was found that they were also indulged in the crime and from the possession of Mahavir @ Lamboo Rs.8500/- was recovered.
It is submitted by learned counsel for the applicant that co- accused namely Ram Lakhan has been granted bail by this Court vide order dated 18.9.2019 in Criminal Misc. Bail Application No. 36896 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 languishing in jail in jail since 19.8.2019 (more than one month) having no criminal history. Nothing has been recovered at the pointing out of applicant. Even though, according to prosecution case, deceased came on call of Pintoo and motive is also against Pintoo. Specific role to kill the deceased was assigned to Dhirendra and at his pointing out, one nylon rope, countrymade pistol, stone & one mobile of deceased were recovered. Thus, case of the applicant is distinguishable from co-accused Pintoo and Dhirendra. There is no legal and cogent evidence against the applicant. There is no independent witness/eye-witness account. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no criminal history and the case of present applicant is identical to co-accused Ram Lakhan who has been enlarged on bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Jitendra Yadav involved in Case Crime No.324 of 2019, under Section 394, 302, 201, 411, 364, 120-B IPC, Police Station Rasoolpur, District Firozabad 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