Jeetu @ Jitendra v. State of U.P

Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23181 of 2023 Applicant :- Jeetu @ Jitendra Opposite Party :- State of U.P. Counsel for Applicant :- Raghubir Singh Counsel for Opposite Party :- G.A.,Kamlesh Kumar Dwivedi Hon'ble Dr. Gautam Chowdhary,J.

¶1Heard learned counsel for the applicant, learned A.G.A for the State as well as learned counsel for the informant and perused the record.

¶2It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Learned counsel further submits that on 14.12.2022 an information was given to the police by the complainant regarding unnatural death of his brother namely Jeeta, when the police reached at the village of the deceased the complainant, his other family members and other relatives who claim to be eye witnesses were present, thereafter, inquest proceeding was conducted on the next day where presence of complainant and family members and relatives of the deceased were present but they do not state a single word against the applicant and others. Learned counsel for the applicant further submits that after two days of the incident an F.I.R. was lodged by the complainant against four persons including the applicant stating therein that on the date of incident the named accused persons took her brother (deceased) outside and they offered him intoxicated liquor and thereafter left him near his house on account of which his brother died later on, and when the accused persons left the deceased his son, namely, Ravi, had seen them. Learned counsel for the applicant further submits that in the postmortem of the deceased no external or internal injury was found on the person of the deceased and cause of death could not be ascertained, therefore, viscera was preserved. Learned counsel for the applicant further submits that in the F.S.L. report poison aluminium phosphide and ethyl alcohol was found. Learned counsel for the applicant further submits that during course of investigation statements of complainant and other witnesses were recorded who repeated the same version of the F.I.R. Learned counsel for the applicant further submits that the complainant in his statement recorded under Section 161 Cr.P.C. has categorically stated he had not seen where the deceased and the accused drunk liquor together, but his nephew namely Sonu told him that he had seen the applicant and other accused persons along with the deceased drinking liquor on the date of incident. Learned counsel for the applicant further submits that the said nephew of the complainant namely Sonu has not been made witness in the charge sheet, which creates doubt veracity of the prosecution case, thus, applicant has falsely been implicated in the case with malafide intention. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 07.04.2023, having no criminal history.

¶3Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence.

¶4After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail.

¶5Let applicant-Jeetu @ Jitendra, involved in Case Crime No. 139 of 2023, under Sections 328, 302 I.P.C. and Section 60 of Excise Act, Police Station Nibohara, District Agra, be enlarged on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

(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.

(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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 against him, in accordance with law, under section 174-A I.P.C.

(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 and the trial court may proceed against him under Section 229-A IPC.

¶6The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail in accordance with law.

¶7The bail application is allowed. Order Date :- 30.10.2023 Mustaqeem. High Court of Judicature at Allahabad