The court granted bail to the applicant in a bail application under sections 420, 406 IPC, considering the nature of accusation and potential tampering with witnesses.
Bail granted on personal bond with two sureties on conditions of appearance, non-tampering, and lawful conduct.
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Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3595 of 2018
Applicant :- Jitendra Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Kumar Jain,Krishan Mohan Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and learned A.G.A. appearing for the State.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case due to ulterior motive.It is further contended that the FIR is belated and it has been lodged after almost one year 4 months from the date of incident. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 31.10.2017 . The criminal history of the applicant has been properly explained in paragraph Nos. 12, 13 and 14 of the affidavit filed in support of bail application.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case, let the applicant Jitendra Singh involved in Case Crime No. 720 of 2017, under sections 420, 406 I.P.C., Police Station Jaswant Nagar, District Etawah on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
release.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 6.2.2018
Su
1 issue framed by the court
Whether the applicant is entitled to bail given the allegations of false implication and belated FIR.
Jitendra Singh
Vivek Kumar Singh
As recorded by the court registry
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