Ritesh Yadav v. State of U.P

Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45962 of 2023 Applicant :- Ritesh Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Kumar Pandey,Dheeraj Bahadur Singh Counsel for Opposite Party :- G.A.,Kuldeep Kumar Gupta Hon'ble Ajay Bhanot,J. By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 49 of 2023 at Police Station-Saraikhwaja, District-Jaunpur under Sections 34, 323, 504, 506, 352, 324, 307, 302, IPC. The applicant is in jail since 14.03.2023. The bail application of the applicant was rejected by the learned trial court on 29.04.2023. The following arguments made by Shri Ashish Kumar Pandey, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Paritosh Kumar Malviya, learned AGA-I and Sri Kuldeep Kumar Gupta, learned counsel for the informant from the record, entitle the applicant for grant of bail:

¶1The applicant has been assigned the role of assaulting the injured Agnivesh and Aditya who suffered injury to their back and the same is not grievous in nature.

¶2The role of the applicant is distinguishable from the principal offender Awadhesh Yadav who inflicted the fatal injury to the deceased.

¶3Learned counsel for the applicant claims congruency in role and seeks parity in relief granted to co-accused Amarsen Yadav who has been granted bail by this Court on 18.08.2023 in Criminal Misc. Bail Application No. 31524 of 2023.

¶4The applicant has explained his criminal history. It is contended that the applicant belongs to the economically poor strata of the society and is a convenient scapegoat for the police authorities. The applicant has been falsely nominated in a number of cases only to show the proficiency of the police investigators. The said cases do not have any bearing on the instant bail application.

¶5The 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. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant-Itisham @ Etisham 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:-

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

(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. Order Date :- 7.11.2023 Pravin High Court of Judicature at Allahabad