Jitendra Patel v. State of U.P

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49681 of 2023 Applicant :- Jitendra Patel Opposite Party :- State of U.P. Counsel for Applicant :- V.K. Baranwal,Arun Kumar Tripathi Counsel for Opposite Party :- G.A.,Krishna Dutt Tiwari Hon'ble Sameer Jain,J.

¶1Heard Sri V.K. Baranwal, learned counsel for the applicant, Sri K.D. Tiwari, learned counsel for the informant and Dr. S.B. Maurya, learned AGA-I for the State.

¶2The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 336 of 2022, under Sections 323, 504, 506, 304 IPC, Police Station Phaphamau, District Prayagraj during pendency of the trial.

¶3FIR of the present case was lodged against applicant and two others and according to the FIR applicant along with two others badly beaten the uncle of the informant and pushed him and due to the assault made by him, the uncle of the informant lost his consciousness and sustained serious injuries.

¶4Learned counsel for the applicant submitted that FIR of the present case was lodged under Sections 323, 308, 504, 506 IPC but when injured died after about a month then case was converted under Section 304 IPC.

¶5He further submits that from perusal of the post mortem report of the deceased, it appears that deceased sustained two healed abrasions and he died due to cardiac arrest. He further submits that applicant is not having any criminal history and in the present matter he is in jail since 05.07.2023 and co-accused Virendra Kumar Patel has already been enlarged on bail by the co-ordinate Bench of this Court vide order dated 19.09.2023 passed in Criminal Misc. Bail Application No. 40508 of 2023 and case of applicant is at par with him.

¶6Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant.

¶7I have heard learned counsel for the parties and perused the record of the case.

¶8Considering the fact that on the basis of general allegation, applicant has been made accused along with two others and even no weapon has been attributed to any accused persons including applicant and post mortem report suggests that deceased died due to cardiac arrest and co-accused Virendra Kumar Patel has already been enlarged on bail by the co-ordinate Bench of this Court, in my view, applicant is entitled to be released on bail.

¶9Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

¶10Let the applicant -Jitendra Patel be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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

(iii) The applicant shall not indulge in any criminal and anti-social activity.

¶11In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

¶12It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 22.11.2023 AK Pandey High Court of Judicature at Allahabad