Jitendra Raikwar v. State of U.P

Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48229 of 2023 Applicant :- Jitendra Raikwar Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Chandra Yadav Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Sri Ramesh Chandra Yadav, learned counsel for the applicant, Sri A.K. Singh, learned A.G.A. for the State and perused the material placed on record.

¶3Applicant seeks bail in Case Crime No.655 of 2023, under Sections 307, 120-B I.P.C., Police Station Kotwali Orai, District Jalaun, during the pendency of trial.

¶4As per prosecution case, some unknown persons are stated to have fired at the brother of the informant on 12.8.2023 at about 05:00 a.m. by running after him as he had gone out taking his pet dog with him.

¶5Learned counsel for the applicant has argued that he has been falsely implicated in the present case. The applicant is not named in the FIR. The applicant has simply been made an accused on the basis of suspicion only that too allayed by the injured person in his statement that his wife was having relationship with one Upendra Kumar Yadav @ Monu and he suspected that the applicant and said Upendra Kumar Yadav @ Monu have got committed the said offence. Learned counsel has stated that there is no eye-witness to the said incident, even in the statement of the informant no name has been revealed.

¶6Learned counsel for the applicant has further stated that there is no criminal antecedent of the applicant. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. The applicant is languishing in jail since 27.8.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail.

¶7Learned A.G.A. has vehemently opposed the bail application.

¶8Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶9Let the applicant-Jitendra Raikwar, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

(i) The applicant shall not tamper with evidence.

(ii) 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.

¶10In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶11It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 21.11.2023 Vikas [Krishan Pahal, J.] High Court of Judicature at Allahabad