This court allowed the criminal miscellaneous bail application filed by Jitendra Kumar seeking release on bail in Case Crime No. 426 of 2021. The applicant was already in jail for other offenses and alleged no recovery was made from him.
Released on bail pending conclusion of trial by furnishing a personal bond and two reliable sureties.
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Court No. - 79 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29229 of 2022 Applicant :- Jitendra Kumar Opposite Party :- State of U.P. Counsel for Applicant :- V.K. Agnihotri Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
1.Heard Sri V.K. Agnihotri, the learned counsel for the applicant, Sri Jitendra Kumar Jaiswal, the learned A.G.A. for the State and perused the record.
2.The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 426 of 2021, under Sections 392 and 420 I.P.C., P.S. Bharthana, District Etawah.
3.The aforesaid case has been registered on the basis of an F.I.R. lodged on 10-12-2021 alleging that three unknown miscreants riding on a motorcycle had robed the informant's purse containing his Aadhar Card, Rs. 200/- and they had robbed the earrings, mangalsutra and finger ring of his sister.
4.In the affidavit filed in support of the bail application it has been stated that the applicant was sent to jail on 13-04-2022 in Case Crime No. 207 of 2020 and while the applicant was already in jail, he has been implicated in the present case on the basis of the statement of the co-accused.
5.It has further been contended that no recovery has been made from the applicant.
6.The applicant is in jail since 28-04-2022 in furtherance of a bailable warrant.
7.In the affidavit filed in support of the bail application the applicant has disclosed the following criminal history; (i) Case Crime No. 418 of 2021, under Section 395, 420 I.P.C., P.S. Bharthana, District Etawah (ii) Case Crime No. 114 of 2022, under Sections 395 and 412 I.P.C., P.S. Bharthana, District Etawah, and in both the cases the applicant has moved a bail application which is pending before this Court. (iii) Case Crime No. 169 of 2021, under Section 392 I.P.C., P.S. Chaubia, District Etawah in which the applicant was released on bail by order dated 23-05-2022 passed by the learned Special Judge, E.C. Act/Dacoity Affected Area, Etawah and (iv) Case Crime No. 260 of 2020, under Section 3(1) of U.P. Gangster and AntiSocial Activities (prevention) Act, 1986, P.S. Achhalda, District Auraiya in which the applicant has already been released on
bail by the learned Additional District & Sessions Judge, Court No.3, Special Judge/Gangster Act, Auraiya.
8.It has further been stated in the affidavit that apart from the aforesaid cases there is no other criminal history of the applicant.
9.The applicant is in jail since 28-04-2022. It has also been stated in the affidavit that there is no possibility of the applicant tampering with any evidence and in such circumstances, the applicant is entitled for bail. It is also stated in the affidavit that the applicant will not misuse the liberty of bail and he will fully cooperate in the investigation.
10.The learned A.G.A., on the basis of instructions has opposed the prayer for grant of bail to the applicant. However, he could not dispute the aforesaid aspects of the case.
11.Keeping in view the aforesaid fact, this Court is satisfied that the applicant has made out a case for being enlarged on bail pending conclusion of the trial. The bail application is accordingly allowed.
12.Let the applicant - Jitendra Kumar be released on bail in Case Crime No. 426 of 2021, under Sections 392 and 420 I.P.C., P.S. Bharthana, District Etawah on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make 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 to any police officer or tamper with the evidence.
13.In case of breach of any of the above condition, the prosecution shall be at liberty to move an application bail before this Court seeking cancellation of bail.
Order Date :- 22.7.2022/pks
Digitally signed by PANKAJ KUMAR SRIVASTAVA Date: 2022.07.26 09:37:34 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant is entitled to be enlarged on bail in Case Crime No. 426 of 2021 under Sections 392 and 420 IPC.
Whether the applicant's criminal history and the nature of the charges preclude the grant of bail.
What conditions must be imposed on the applicant while on bail.
Jitendra Kumar
Subhash Vidyarthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
