Criminal Miscellaneous Bail Application allowed. The court, applying Apex Court precedents, held that the applicant has made a case for bail. He is released on personal bond and two sureties.
Released on bail on personal bond and two sureties subject to conditions of no tampering with witnesses, sincere cooperation with trial, and no criminal activity.
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Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40565 of 2021
Applicant :- Jitendra Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Rohit Kumar Mishra,Brajesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Supplementary affidavit filed today on behalf of the applicant, is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant Jitendra Kumar with a prayer to release him on bail in Case Crime No.388 of 2020, under Sections 302, 201, 404, 34 I.P.C., P.S. Rohaniya, District Varanasi during pendency of the trial.
It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. The name of applicant surfaced in confessional statement of co-accused Buddu @ Jaga Nayak Singh. The applicant is not named in the First Information Report and nothing has been recovered from the possession of the applicant. Learned counsel for the applicant next submitted that co-accused Guddu @ Jaga Nayak Singh, Neeraj Kumar Gautam, Ashish Yadav & Sujit Patel have been granted bail by the coordinate Bench of this Court in Criminal Misc.Bail Application Nos.374 of 2021, 8082 of 2021, 12088 of 2021 & 40407 of 2021 vide orders dated 07.01.2021, 22.02.2021, 19.03.2021 & 08.12.2021. Learned counsel for the applicant next submits that the applicant having better case for getting bail on account of parity. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 14.10.2020 and in case he is enlarged on bail he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts narrated by counsel for the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and
the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Jitendra Kumar be released on bail in Case Crime No.388 of 2020, under Sections 302, 201, 404, 34 I.P.C., P.S. Rohaniya, District Varanasi, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 10.12.2021/SKD
2 issues framed by the court
Whether the applicant has made out a case for bail in a murder investigation implicating him as an abettor.
Whether the grant of bail to co-accused warrants bail for the applicant on grounds of parity.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherApplied¶10
Dataram Singh Vs. State of U.P. and another (2018) 3 SCC 22 · Who else cites this
Jitendra Kumar
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
