Allowed

Jitendra @ Neetu v. State of U.P.

Allahabad HC24 Jan 2023BAIL/3353/2023

Case brief

AI extract

What is this about?

The High Court allowed Criminal Misc. Bail Application No. 3353 of 2023, releasing applicant Jitendra @ Neetu on bail in a case under the U.P. Gangster Act, citing lack of police instructions to the government advocate as a factor for discharge.

What did the court decide?

Release of applicant on personal bond and two sureties with conditions against tampering with evidence and mandatory appearance before the trial court.

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

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3353 of 2023

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Applicant :- Jitendra @ Neetu Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Singh Tomar Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 01 of 2021 at Police Station- Modinagar, District- Ghaziabad under Section 2/3 of the U.P. Gangster and Anti-social Activities (Prevention) Act, 1986. The applicant is in jail since 11.01.2020.

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The bail application of the applicant was rejected by the learned trial court on 12.01.2023.

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The following arguments made by Ms. Nushra Siddhiqui, learned counsel holding brief of Sri Gaurav Singh Tomar, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Munne Lal, learned AGA from the record, entitle the applicant for grant of bail:

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(1). The applicant has been falsely implicated in the instant case.

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(2). The applicant has been enlarged on bail in the solitary case depicted in the gang chart.

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(3). He is not a member of any criminal gang.

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(4). The applicant does not have any criminal history

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apart from the above case.

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Shri Munne Lal, learned AGA contends that no instructions have been forthcoming regarding the criminal history of the applicant.

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Liberty of citizens is too sacrosanct and cannot be held to ransom by apathy of the police officials. There is no cause for failing to provide instructions to the learned Government Advocate despite advance notice of the bail application.

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The Senior Superintendent of Police, Ghaziabad shall take appropriate action against the erring police officials for failing to send appropriate instructions to the learned Additional Government Advocate despite advance notice of bail application and violating the directions of this Court in Sahil Vs. State of U.P. (Criminal Misc. Bail Application No. 19839 of 2021) as well as in Aditya Dubey alias Sachin Vs. State of U.P. (Criminal Misc. Bail Application No. 17969 of 2022) and the consequential orders passed by the Director General of Police, Government of U.P, Lucknow.

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(5). The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Jitendra @ Neetu be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence or influence any witness during the trial.

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(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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Order Date :- 24.1.2023 Kirti

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Digitally signed by :- KIRTI SAHU High Court of Judicature at Allahabad

Jitendra @ Neetu v. State of U.P.

Case brief

What is this about?

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Jitendra @ Neetu v. State of U.P.

Case brief

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