Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39819 of 2021 Applicant :- Ashok Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Pushpendra Kumar Yadav,Amarjeet Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Amarjeet Yadav, learned counsel for the applicant learned A.G.A. for the State. Supplementary affidavit filed today on behalf of the applicant is taken in the record.
A first information report was lodged against the applicant as Case Crime No.115 of 2019 at Police Station-Baluwa, District-Chandauli under Sections 147, 323, 325 and 308 I.P.C.
The bail application of the applicant was rejected by learned Ist Additional Sessions Judge, Chandauli, on 24.08.2021.
The applicant is in jail since 18.08.2021, pursuant to the said F.I.R.
Shri Amarjeet Yadav, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The instant criminal proceedings arise out of a motor accident. This is a cross case. The persons from the applicant side have also suffered injuries. The injured was driving in a rash and negligent manner which resulted in collision causing injuries to the informant as well as persons on the applicant side. Apart from this case, the applicant does not Lastly it is contended by the learned counsel for applicant that the applicant shall not abscond and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.
Shri Rishi Chaddha, learned A.G.A could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not dispute the fact that the applicant does not have any criminal history apart from this case.
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.
I see merit in the submissions of the learned counsel for the applicant and hold that the applicant is entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant-Ashok Yadav involved in Case Crime No.115 of 2019 at Police Station-Baluwa, District- Chandauli under Sections 147, 323, 325 and 308 I.P.C. be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not influence any witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. 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.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 20.12.2021 Dhananjai