Allowed

Jitendra Singh v. State of U.P.

Allahabad HC20 Sept 2023BAIL/30694/2023

Case brief

AI extract

What is this about?

Held in a criminal miscellaneous bail application regarding punishable offences under IPC, the court found the dispute to be of civil nature. Given the long confinement and parity with a co-accessed granted bail, the applicant was released on bail.

What did the court decide?

Released on bail on furnishing a personal bond and two sureties each subject to appearing on dates fixed and not tampering with evidence or witnesses.

Jitendra Singh Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:181401

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30694 of 2023

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Applicant :- Jitendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Dewendra Singh Counsel for Opposite Party :- G.A.,Mukesh Kumar Singh

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Hon'ble Vivek Varma,J.

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Rejoinder affidavit filed by the learned counsel for the applicant to the counter affidavit of the State is taken on record.

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Heard learned counsel for the applicant, learned A.G.A. for the State-opposite party and Sri Mukesh Kumar Singh, learned counsel for the informant.

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The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 700 of 2022, under Sections 420, 467, 468, 471, 506 I.P.C., Police Station Gulriha, District Gorakhpur during the pendency of the trial.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The dispute is civil in nature, inasmuch it results from a dispute with regard to possession of certain parcel of land. The applicant himself is victim of the fraud. The agreement to sell was executed by one Ram Samujh. The applicant is not in possession of the land pursuant to the alleged agreement to sell. It is next contended that co-accused Bahadur Chauhan, having identical role, has been granted bail by this Court in Criminal Misc. Bail Application No. 8521 of 2023, Bahadur Chauhan v. State of U.P., vide order dated 22.02.2023. The applicant claims parity. The criminal history of the applicant has been explained in Paragraph-29 of the affidavit. The applicant is in jail since 28.06.2021 and if he is released on bail, he will not misuse the said liberty.

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Learned A.G.A. and learned counsel for the informant have opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that the dispute is of civil nature. The identically placed co-accused Bahadur Chauhan has been granted bail by this Court. Moreover, the applicant has remained confined for more than two years and two months and after submission of the charge-sheet there is no hope of early conclusion of trial, and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant- Jitendra Singh, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he:

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(i) shall appear on the date fixed by the trial court;

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(ii) shall not tamper with the prosecution evidence; and,

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(iii) shall not pressurize the prosecution witnesses.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 20.9.2023 SKT/-

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Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad

Jitendra Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Jitendra Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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