Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53633 of 2021 Applicant :- Akaram Khan Opposite Party :- State of U.P.
Counsel for Applicant :- Rajeev Sen,Ram Sheel Sharma Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard learned counsel for the applicant, and 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 Akaram Khan for seeking bail in Case Crime No. 25 of 2019, under Sections 147, 148, 149, 323, 504, 308, 452, 506 I.P.C.
registered at Police Station- Manikpur, District- Chitrakoot.
The bail application of the applicants has been rejected by the court below, on 29.11.2021.
Learned counsel for the applicants has argued that the applicant is innocent and has been falsely implicated in the present case. Only general allegations have been made against the applicant and no specific role has been assigned to him. He further submitted that co-accused Khurshid Ahmad @ Kulli, Juwaid Khan @ Jubbu and Ashu Khan having similar role to that of applicant, have already been granted bail by this court in Criminal Misc. Bail Application Nos. 12136 of 2019, 12123 of 2019 and 53370 of 2021 vide orders dated 26.03.2019, 26.03.2019 and 17.12.2021, therefore, the applicant is also entitled to be released on bail on the ground of parity. The learned counsel for the applicant has further submitted that the applicant is in jail since 09.11.2021 and the paragraph no. 24 of the application indicates that the applicant has no previous criminal history.
The learned AGA for the State has though opposed the bail, but has not controverted the above mentioned facts.
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 Akaram Khan, involved in aforesaid crime be released on bail on their 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 applicants 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 them from disclosing such facts to the Court to any police officer or tamper with the evidence.
(v). In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
(vi). Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicant is placed before the Court, the same would be entertained.
It 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 :- 20.12.2021 Nisha