Allowed

Jitendra Singh v. State of U.P.

Allahabad HC5 Jan 2021BAIL/49259/2020

Case brief

AI extract

What is this about?

This judgment grants bail to Jitendra Singh in a criminal case involving Sections 147, 323, 307 and 325 IPC. The court found cross versions and no history of aggression. Bail is allowed subject to conditions including furnishing a bond and not tampering with witnesses.

What did the court decide?

Bail granted on personal bond and two sureties, subject to conditions prohibiting witness tampering and criminal activity.

Jitendra Singh Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 73

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49259 of 2020

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Applicant :- Jitendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Virendra Kumar Jaiswal Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard Sri Manish Tiwari Advocate, assisted by Sri V.K. Jaiswal, counsels for the applicant, Sri Dhirendra Kumar Srivastava, learned counsel for the informant and learned A.G.A for the State.

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The submission is that there are cross versions of the incident registered by both the parties. Injuries have been caused to both the parties. It cannot be ascertained at this stage which party was the aggressor. The applicant is in jail since 06.09.2020 and has no criminal history to his credit.

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Learned A.G.A has opposed the bail application of the applicant.

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Keeping in view the nature of the offence, argument advanced on behalf of the parties, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant- Jitendra Singh , in Case Crime No. 253 of 2020, under Sections- 147, 323, 307 and 325 IPC, Police Station- Koraon, District- Prayagraj/Allahabad, be released on bail 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.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without

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seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 5.1.2021 Rohit

Jitendra Singh v. State of U.P.

Case brief

What is this about?

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Jitendra Singh v. State of U.P.

Case brief

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