Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41461 of 2021 Applicant :- Aman Opposite Party :- State of U.P.
Counsel for Applicant :- Santosh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Sri Santosh Kumar Singh, learned counsel for the applicant and Sri L.D. Rajbhar 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 applicant Aman for seeking bail in Case Crime No.390 of 2021 under Sections 420, 379, 411 I.P.C. registered at Police Station-Hasanpur, District- Amroha.
Learned counsel for the applicant has argued that FIR has been lodged against him by one Sri Lakhan Singh s/o Sri Arjun Singh before Police Station-Hasanpur, District-Amroha being FIR No.0390 dated 12.8.2021 with allegation that wife of the complainant being Smt. Anita had gone to the market for purchasing and some unknown persons intercepted them and took away valuable thing to the tune of Rs.2500/- and other items.
Learned counsel for the applicant has further argued that the aforesaid first information report has been lodged against unknown persons. However police authorities by virtue of the recovery memo has implicated the applicant and have cooked false and frivolous story so as to implicate the applicant.
Learned counsel for the applicant has stated in para 17 of the application he has no criminal history.
Learned counsel for the applicant has further submitted that there was no independent witnesses and the applicant languishing jail since 12.8.2021.
Sri L.D. Rajbhar 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 Aman 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 applicants 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 piyush