Jitendra Singh vs State Of U.P.
2017 Latest Caselaw 2814 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 41
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27164 of 2017
 

 
Applicant :- Jitendra Singh
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Kuldeep Singh Chahar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Krishna Singh,J.

Heard learned counsel for the applicant and learned A.G.A. for the State respondent.

It is contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case as initially an unnamed FIR has been lodged by the first informant on 2.6.2017 and on 3.6.2017 alleged recovery of a motorcycle has been shown by the police from the possession of the applicant of which there is no independent witness. It has also been contended that except this case applicant has no criminal history to his credit. It is next contended that there are no chances of the applicant fleeing away from the judicial process or of his tampering with the prosecution evidence. It is further contended that the applicant is in jail since 4.6.2017 and if he is released on bail, he will not misuse the liberty of bail.

Learned A.G.A. vehemently opposed the prayer of bail.

Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.

Let the applicant Jitendra Singh be released on bail in Case Crime No. 468 of 2017, under Sections 379/411 IPC, P.S. New Agra, District Agra on furnishing a personal bond and two local sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

(iii) The applicant will not indulge in any unlawful activities.

(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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 :- 31.7.2017

Shekhar