Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48710 of 2021 Applicant :- Abhishek Opposite Party :- State of U.P.
Counsel for Applicant :- Pramod Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Sri Pramod Kumar Dwivedi, learned counsel for the applicant, and Sri L.D. Rajbhar, the learned AGA for the State.
This bail application purported to be under Section 439 of the Cr.P.C. has been moved on behalf of the applicant- Abhishek for enlarging him on bail in Case Crime No.450 of 2021, under Sections 395, 412, 342, 504, 506 IPC, registered at Police Station-Farah, District- Mathura.
The bail application so preferred by the applicant in the above noted sections has been rejected on 27.10.2021 by the court of Addl. District and Sessions Judge, Court No.05, Mathura.
Learned counsel for the applicant has argued that a first information report has been lodged against unknown persons by the complainant Birbal before P.S. Farah, District Mathura on 28.9.2021 being FIR no.0450 alleging that the Truck in question, in which iron ignots were loaded was intercepted and thereafter the robbery took place and the Truck was hi-jacked and entire item therein were robbed. Learned counsel for the applicant has argued while referring to Annexure-2 page-21, relevant extracts at page-22 and 23, of the paper book being the statement of one Rohit son of Vinod, so as to contend that it was Neeraj, who was the mastermind and kings-pin and who had stolen the aforesaid items and applicant has been falsely implicated in the said case despite the fact that his name does not find place in the FIR. It has been further argued that one Neeraj, co-accused, has been granted bail in Bail Application no. 50578 of 2021 by virtue of order dated 17.12.2021 and while drawing attention on paragraph-14 of the affidavit in support of the application, he has submitted that applicant has no criminal history. Learned counsel for the applicant has next argued that the applicant is languishing in jail since 30.9.2021. If the accused is released on bail, he will not misuse the liberty of bail.
Countering the above submission learned AGA for the State has though vehemently opposed the bail, but could not dispute the fact that firstly, the name of the applicant does not find place in the FIR and secondly, the co-acccused has been granted bail.
Looking into the nature of the offence, there are no chances of accused fleeing from justice and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.
In the light of the aforenoted discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Abhishek involved in aforesaid 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 with the following conditions that :-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
(iv) 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 to any police officer or tamper with the evidence.
(v) Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Any 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 :- 21.12.2021 N.S.Rathour