Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44615 of 2021 Applicant :- Bhanwar Singh @ Bhura Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Singh Counsel for Opposite Party :- G.A.,Amar Jeet Upadhyay
Hon'ble Ajay Bhanot,J.
Ref: Criminal Misc. Amendment Application and Correction Application Heard.
Amendment and correction applications are allowed.
Necessary amendment to be carried out during the course of the day. Necessary correction has been incorporated in the order dated 15.12.2021. Office is also directed to correct the cause title. The correct order shall read as under:
"Heard Shri Vivek Singh, learned counsel for the applicant, Sri Amar Jeet Upadhyay, learned counsel for the informant and Sri Anupam Anand, learned brief holder for the State.
A first information report was lodged as Case Crime No. 248 of 2021 at Police Station- Inchauli, District-Meerut under Sections 498A, 323, 307, 504 and 506 IPC and Section 3/4 of the Dowry Prohibition Act.
The bail application of the applicant was rejected by learned Additional District & Sessions Judge, Meerut, on 02.09.2021.
The applicant is in jail since 08.07.2021, pursuant to the said F.I.R.
Shri Vivek Singh, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The criminal case arises out of a matrimonial dispute. The applicant is the husband of the informant. The injury report records that the injuries on the informant are simple in nature. It is contended by the learned counsel for the applicant that the parties can amicably reconcile their differences. However, continued incarceration of the applicant in jail will create further lack of communication and bad blood between the parties. Apart from the instant case, the applicant does not have any criminal history. 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.
Learned A.G.A and Sri Amar Jeet Upadhayay, learned counsel for the informant could not satisfactorily dispute the aforesaid submissions from the record. They however, 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- Bhanwar Singh @ Bhura involved in Case Crime No. 248 of 2021 at Police Station- Inchauli, District- Meerut under Sections 498A, 323, 307, 504 and 506 IPC and Section 3/4 of the Dowry Prohibition Act, 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 her 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 :- 21.12.2021 Dhananjai