Allowed

Jatan Alias Jitendra Kumar v. State of U.P. Thru. Prin. Secy. Home Govt. U.P. Lko. and 3 Others

Allahabad HC23 Feb 2024/1657/2024

Case brief

AI extract

What is this about?

Bail application under FIR No. 667/2022 for offences under Section 372 IPC and Immoral Traffic (Prevention) Act Sections 3-6. Court granted bail on ground of parity with co-accused Neeru, Mintu, Rajan, Seetu and Pradeep, who had earlier been enlarged on bail, imposing standard conditions including bond and sureties.

What did the court decide?

Applicant enlarged on bail on personal bond and two sureties, subject to stated conditions.

Jatan Alias Jitendra Kumar Vs State of U.P. Thru. Prin… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:17211

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Court No. - 13

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1657 of 2024

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Applicant :- Jatan Alias Jitendra Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Govt. U.P. Lko. And 3 Others

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Counsel for Applicant :- Ajeet Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The present bail application has been filed by the applicant in F.I.R. No. 667 of 2022, under Section 372 I.P.C. and Section 3/4/5/6 of Immoral TrafÏc (Prevention) Act, Police Station Atrauli, District Hardoi with the prayer to enlarge him on bail.

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The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case, he is having no previous criminal history and in jail since 13.11.2022. The case of the applicant is similar to co-accused Neeru, Mintu, Rajan, Seetu & Pradeep, who have been enlarged on bail by this Court vide orders dated 02.03.2023, 03.03.2023, 14,03.2023 and 15.03.2023 passed in Criminal Misc. Bail Application Nos. 3257 of 2023, 3295 of 2023, 3568 of 2023 and 2971 of 2023. In these circumstances, the applicant is also entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.

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Photocopy of the bail orders of co-accused Neeru, Mintu, Rajan, Seetu & Pradeep provided by the learned counsel for the applicant are taken on record.

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Learned A.G.A. opposes the prayer for grant of bail to the applicant, but fairly concedes that similarly situated coaccused Neeru, Mintu, Rajan, Seetu & Pradeep have already been granted bail.

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Considering the rival submissions of learned counsel for the applicant, learned A.G.A., ground of parity with the coaccused and going through the material available on record as well as totality of fact and circumstances, I am of the view that it is a fit case for bail. Application stands allowed on the ground of parity.

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Let applicant -Jatan Alias Jitendra Kumar be released on bail in F.I.R. No. 667 of 2022 (supra), on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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(ii) The applicant shall not directly or indirectly make any 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 or to any police ofÏce or tamper with the evidence.

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(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.

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(iv) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 229A IPC.

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(v) 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. may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings

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against him, in accordance with law, under Section 174-A IPC.

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(vi) The applicant shall remain present, in person, before the trial court on dates fixed for (a) opening of the case, (b) framing of charge; and (c) 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 sufÏcient 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.

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Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

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Order Date :- 23.2.2024 VKS

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Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Jatan Alias Jitendra Kumar v. State of U.P. Thru. Prin. Secy. Home Govt. U.P. Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Jatan Alias Jitendra Kumar v. State of U.P. Thru. Prin. Secy. Home Govt. U.P. Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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