The Criminal Court allowed a bail application filed by an accused falsely implicated in theft charges. The court noted lack of FIR mention, no recovery from applicant, and clear custody conditions for release.
The applicant was released on bail on furnishing a personal bond and two sureties subject to standard conditions including not tampering with evidence.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 41 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37055 of 2018 Applicant :- Jitendra Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Vivek Kumar Singh,Mayank Yadav Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri O.P. Singh, brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged against accused Harish alleging that on 20.8.2018, he stolen four LED 32" of Vedeocon Company and two Inverters of Su-kam company. During investigation, three LED were recovered from joint possession of Harish and Jitendra.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Applicant was not named in the F.I.R. With regard to person and property, identification parade has not been conducted. Offences levelled against the applicant are not attracted in the present case. Nothing was recovered from the possession of the applicant. Police has falsely planted to show his good work. He is languishing in jail since 21.8.2018 (near about one and half months) having no criminal history 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 but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
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 applicant Jitendra Singh involved in Case Crime No. 555 of 2018, under Sections 380, 411 IPC, Police Station T.P. Nagar, District Meerut 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:
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 :- 3.10.2018//A. Singh
2 issues framed by the court
Whether the applicant is eligible for bail in the charges of theft and dishonestly taking movable property.
Whether the conditions of bail can be framed to secure the fair prosecution of the case.
Jitendra Singh
State Of U.P.
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
