Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41379 of 2020 Applicant :- Kariya @ Chhitij Opposite Party :- State of U.P.
Counsel for Applicant :- Preetam Yadav Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant Kariya @ Chhitij with a prayer to enlarge him on bail in Case Crime No. 136 of 2020, under Sections 302, 307, 504 I.P.C., Police Station Jalalpur, District Jaunpur.
Learned counsel for the applicant has submitted that the applicant is in jail since 24.6.2020 and after investigation, police has submitted charge sheet against the applicant. It is further submitted that the applicant has been assigned the role of causing injury by gadasa but in the postmortem report only stabbed wound has been found. It is also submitted that all the accused persons have been implicated in this case on the basis of general allegation and out of four accused persons, two accused persons Ramdevi and Ram Jiyawan have already been released on bail by coordinate Bench of this Court passed in Criminal Misc. Writ Petition No. 31871 of 2020 vide order dated 21.10.2020. It has also been argued that the case of this applicant is much better footing. So far as the Gangster Act is concerned, the same has been imposed subsequently to this offence. It is further submitted that accused applicant has no previous criminal history and he is prepared to furnish sureties and bonds and there is no possibility of his either fleeing away from the judicial process or tampering with the evidence. Applicant is languishing in jail since 24.6.2020 and undertakes that he will not misuse the liberty of bail, if granted and cooperate in trial.
Learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. He has further submitted that after investigation, the police has submitted charge sheet against the accused.
Upon hearing the submissions made by learned counsel of both sides, considering the contention made above, and without commenting on the merits of the case, I find it to be a fit case for bail.
Let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that applicant is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 5.1.2021 Mini