Allowed

Jitendra Singh @ Jeetu Thakur v. State of U.P.and Another

Allahabad HC9 Sept 2021CRLA/1708/2021

Case brief

AI extract

What is this about?

In CRIMINAL APPEAL No. 1708 of 2021, the Single Judge of Special Court Agra allowed the bail appeal filed by Jitendra Singh. The court set aside the order rejecting bail, granting release on bond and two sureties, citing lack of convincing arguments by the State against bail.

What did the court decide?

Accused-appellant released on bail by furnishing personal bonds and two sureties. Impugned order rejecting bail is set aside.

Jitendra Singh @ Jeetu Thakur Vs State of U.P.and Another — Caste Atrocities | Allahabad HC (2021)

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Court No. - 50

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Case :- CRIMINAL APPEAL No. - 1708 of 2021

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Appellant :- Jitendra Singh @ Jeetu Thakur Respondent :- State Of U.P.And Another Counsel for Appellant :- Pradeep Chauhan Counsel for Respondent :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard learned counsel for the appellant, learned A.G.A. for the State and perused the material available on record.

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This Criminal Appeal under Section 14-A (2) of SC/ST Act as Amended, has been preferred by the appellant with the prayer to set aside the order dated 10.03.2021 passed by Special Judge SC/ST (Prevention of Atrocities) Amendment Act, Agra, in Case Crime No.174 of 2020, under Sections 323, 325, 504 I.P.C. and 3(1)dh and 3(2)5A SC/ST Act, P.S. Bah, District Agra.

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Urge made on behalf of the appellant is confined to the ambit that the appellant has no nexus with the offence in question and he has been falsely implicated in this case. The allegations levelled against the appellant are vague and baseless and without any substance. Offence alleged is compoundable. In case the appellant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The appellant has no criminal history and is languishing in jail since 10.03.2021.

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Learned A.G.A. has vehemently opposed the prayer for bail of the appellant.

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I have considered the rival submissions so made and having gone through the entire record including the order by which, bail application of the appellant has been rejected, impugned herein this appeal.

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Nothing convincing has been argued on behalf of the complainant/State so as to justify and sustain the order passed by the court below rejecting the

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bail application of the appellant.

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Thus, in view of the above and having regard to the facts and circumstances of the case and keeping in view the evidence, complicity of accused, I am of the view that the appellant has made out a case for bail.

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Accordingly, this appeal is allowed and the impugned order dated 10.03.2021, rejecting the bail of the appellant is set aside.

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Let the accused-appellant Jitendra Singh @ Jeetu Thakur involved in the aforesaid case crime number for the aforesaid offences be released on bail on his furnishing personal bonds and two sureties each of the like amount to the satisfaction of Court concerned with the following conditions; (i)The appellant will not tamper with the evidence during the trial.

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(ii) The appellant will not pressurise/intimidate the prosecution witness.

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(iii)The appellant will appear before the trial court on the date fixed.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 9.9.2021 rkg

Jitendra Singh @ Jeetu Thakur v. State of U.P.and Another

Case brief

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Jitendra Singh @ Jeetu Thakur v. State of U.P.and Another

Case brief

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