The Allahabad High Court granted bail to the applicant in a kidnapping case, noting that the confession of a co-accused is inadmissible against him at this stage, and invoking Article 21 references.
Release on bail by furnishing a personal bond and two sureties each in the like amount, subject to strict conditions.
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. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25365 of 2022
Applicant :- Jitendra @ Jittu Opposite Party :- State of U.P. Counsel for Applicant :- Hanuman Prasad Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A for the State.
FIR was lodged against an unknown accused lady regarding kidnapping of nephew of the informant. Subsequently, the lady was found to be one, Chandrawali. The applicant has been named by the co-accused, Shankar Barar and on the basis of the same he has been implicated in this case.
Counsel for the applicant submits that the admission of coaccused is not admissible against the applicant at this stage. The applicant is in jail since 07.04.2022 and has no criminal history to his credit.
On the other hand learned A.G.A has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, 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 recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 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.
Let the applicant, Jitendra @ Jittu, involved in Case Crime No. 196 of 2022, under Sections- 364, 368, 120-B IPC, Police Station- Kotwali Lalitpur, District- Lalitpur, 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.
(i) The applicant shall not tamper with the evidence or threaten
the witnesses.
(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) In case the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against him in accordance with law under Section 174-A of the Indian Penal Code.
(v) The applicant shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 22.7.2022 Rohit
Digitally signed by ROHIT DAS Date: 2022.07.22 13:30:00 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant has made out a prima facie case for grant of bail in kidnapping case implicating him as a co-accused.
Whether the admission of co-accused is admissible against the applicant at the bail stage.
Colour shows how this judgement treated each authority
Dataram Singh vs. State of U.P.Referred¶9
Dataram Singh Vs. State of U.P. and another (2018) 3 SCC 22 · Who else cites this
Satendra Kumar Antil vs. C.B.I.Referred¶9
Satendra Kumar Antil vs. C.B.I. passed in S.L.P (Crl.) No. 5191 of 2021
4 provisions across 2 enactments
Jitendra @ Jittu
Siddharth
Rohit Das
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
