In cases of culpable homicide not amounting to murder, bail may be granted considering the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 and considering 5-6 times overcrowding in jails over and above their capacity by the under trials.

Court No. - 73

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43302 of 2022

Applicant :- Jitendra Sharma

Opposite Party :- State of U.P.

Counsel for Applicant :- Amit Kumar Srivastava

Counsel for Opposite Party :- G.A.,Shailendra Nath Tiwari

Hon'ble Siddharth,J.

Counter affidavit filed by learned A.G.A. is taken on

record.

Heard learned counsel for the parties.

The instant bail application has been filed on

behalf of the applicant, Jitendra Sharma, with a

prayer to release him on bail in Case Crime No.

228 of 2022, under Sections 147,323,304 IPC

Police Station Bansdih, District- Ballia, during

pendency of trial.

There is allegation against the applicant and five

co-accused alongwith 10-12 unknown persons that

they have caused culpable homicide not

amounting to murder.Learned counsel for the

applicant has submitted that it is a case of road

rage.Number of persons have beaten the

deceased on aforesaid account. Deceased suffered

three injuries in the nature of one contusion and

two lacerated wounds on head, which proved fatal

for his life.It is not clear who has caused the injury

out of 18 persons implicated in the First

Information Report.. The applicant is in jail since

4.7.2022 and has no criminal history.

Learned A.G.A. has opposed the bail prayer of the

applicant but could not dispute the aforesaid facts.

Keeping in view the nature of the offence,

evidence, complicity of the accused, submissions

of the learned counsel for the parties, larger

mandate of the Article 21 of the Constitution of

India, considering the dictum of Apex Court in the

case of Dataram Singh Vs. State of U.P. and

another reported in (2018) 3 SCC 22 and recent

judgment dated 11.07.2022 of the Apex Court in

the case of Satendra Kumar Antil vs. C.B.I., passed

in S.L.P (Crl.) No. 5191 of 2021 and considering 5-6

times overcrowding in jails over and above their

capacity by the under trials 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.

Let the applicant 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.

1. The applicant shall not tamper with the

prosecution evidence by intimidating/ pressurizing

the witnesses, during the investigation or trial.

2. The applicant shall cooperate in the trial

sincerely without seeking any adjournment.

3. The applicant shall not indulge in any criminal

activity or commission of any crime after being

released on bail.

4. That the applicant shall not, directly or

indirectly, make any 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 to any police officer;

5. The applicant shall file an undertaking to the

effect that he shall not seek any adjournment on

the dates fixed for evidence and 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 to ensure presence of the

applicant.

6. The applicant shall remain present, in person,

before the trial court on the dates fixed for (i)

opening of the case, (ii) framing of charge and (iii)

recording of statement under Section 313 Cr.P.C. If

in the opinion of the trial court default of this

condition is deliberate or without sufficient cause,

then it shall be open for the trial court to treat

such default as abuse of liberty of his bail and

proceed against him in accordance with law.

In case of breach of any of the above conditions,

it shall be a ground for cancellation of bail.

Order Date :- 10.1.2023

Atul k