Allahabad High Court
Jitendra Kumar Yadav @ Jivendra Kumar ... vs State Of U.P. on 2 July, 2021
Author: Vivek Agarwal
Bench: Vivek Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22074 of 2021 Applicant :- Jitendra Kumar Yadav @ Jivendra Kumar Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Kunwar Rajan,Manoj Yadav Counsel for Opposite Party :- G.A. Hon'ble Vivek Agarwal,J.
1. Sri Manoj Yadav, learned counsel for the applicant-Jitendra Kumar Yadav @ Jivendra Kumar Yadav and Sri Janardan Prakash, learned AGA for the State.
2. Learned counsel for the applicant submits that applicant is innocent. He has been falsely implicated in Case Crime No.0058 of 2021 registered under Section 363, 368, 370 IPC at Police Station-Phephna, District-Ballia. It is submitted that he is a issueless person and his marriage had taken place 20 years back, but his wife could not conceive a child. Therefore, he had asked co-accused-Dr. Lal Bahadur, who is known to him to help him in adopting a child. It is submitted that Dr. Lal Bahadur in place of helping him with adoption, asked him to pay some amount so to facilitate adoption and got him a child which happened to be fourth child of co-accused-Santosh Ram and Noniya Devi. It is submitted that applicant is innocent. Main accused are Dr. Lal Bahadur and Santosh Ram, who are involved in sale and purchase of infants. It is submitted that Dr. Lal Bahadur has already been enlarged on bail in Criminal Misc. Bail Application No.21570 of 2021 vide order dated 27.05.2021.
3. Sri Janardan Prakash, learned AGA for the State opposes the prayer for granting bail to the applicant.
4. Taking into consideration facts, circumstances and the parity claimed by the applicant, without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
5. Let the applicant-Jitendra Kumar Yadav @ Jivendra Kumar Yadav implicated in Case Crime No.0058 of 2021, under Sections 363, 368, 370 IPC at Police Station-Phephna, District-Ballia, be released on bail on his furnishing a personal bond of Rs. 50,000/- and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
Order Date :- 2.7.2021 Ashutosh