Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44611 of 2021 Applicant :- Bhola And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Ronak Chaturvedi Counsel for Opposite Party :- G.A.,Arun Kumar Pandey,Ravi Pandey
Hon'ble Ajay Bhanot,J.
Heard Shri Ronak Chaturvedi, learned counsel for the applicants and Sri Anupam Anand, learned brief holder for the State.
A first information report was lodged as Case Crime No.487 of 2021 at Police Station- Govardhan, District-Mathura under Sections 147, 148, 149, 323, 352, 325, 307, 504, 506 IPC.
The bail application of the applicants was rejected by learned Additional Sessions Judge, Court No.4, Mathura on 16.09.2021.
The applicants are in jail since 28.08.2021, pursuant to the said F.I.R.
Shri Ronak Chaturvedi, learned counsel for the applicants contends that the applicants have been falsely implicated in the instant case. The F.I.R. was lodged 3 days after the incident. The unexplained delay in the F.I.R. shows that the applicant was implicated as an afterthought. The criminal case arises out of a spat between the two rival parties in the village. This is a cross case. The applicant acted in self defence. A number of persons from the applicants' side were injured. A general and vague role has been assigned to the applicants in the F.I.R. along with seven accused persons. The statement made by the victim under Section 161 Cr.P.C. has identified the applicant No.1-Bhola as the assailant who used the firearm injury. There is no firearm injury on any injured person. Learned counsel for the applicants have explained the criminal history of the applicants and contends that the same has no bearing on the instant case. Lastly it is contended by the learned counsel for applicants that the applicants shall not abscond and will fully cooperate in the criminal law proceedings. The applicants shall not tamper with the evidence nor influence the witnesses in any manner.
Learned A.G.A could not satisfactorily dispute the aforesaid submissions from the record. However, he does not contest the criminal history of the applicants as disclosed in the bail application.
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 applicants and hold that the applicants are 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 applicants-Bhola and Akash involved in Case Crime No.487 of 2021 at Police Station- Govardhan, District-Mathura under Sections 147, 148, 149, 323, 352, 325, 307, 504, 506 IPC, 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 applicants will not tamper with the evidence during the trial.
2. The applicants will not influence any witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants 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.
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 :- 24.12.2021 Ashish Tripathi