Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45074 of 2021 Applicant :- Chhottan Opposite Party :- State of U.P.
Counsel for Applicant :- Bhanu Prakash Verma Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Sri Bhanu Prakash Verma, 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 the applicant being Chhottan for seeking bail in Case Crime No. 709 of 2021, under Section 399 and 402 I.P.C., P.S. Kosi Kalan, District Mathura.
The bail application preferred by the applicant bearing no. 3132 of 2021, has been rejected by the court of Additional Sessions Judge, Court No. 08, Mathura on 23.09.2021.
The learned counsel for the applicant has argued that the applicant is laborer and he has been falsely implicated in the present case due to village politics. It is further submitted that there is no public or independent witness of alleged recovery of the firearm from the possession of the applicant and no foreign made pistol or live cartridges were recovered from his possession. He further submits that the alleged recovery of the . 32 bore pistol (U.S.A.) has not been recovered. The learned counsel for the applicant has next argued that the applicant is in jail since 09.09.2021 and the paragraph no. 13 of the application shows that the applicant has no criminal history. The learned counsel for the applicant has relied upon the order dated 10.12.2021 passed by the coordinate Bench of this Court in Crl. Misc. Bail Application No. 45637 of 2021 (Hakku @ Hakmuddin Vs. State of U.P.), therefore, the applicant is entitled to be released on bail. He lastly submits that if the applicant is released on bail, he will not misuse the liberty of bail.
Countering the said submission, learned AGA for the State has argued that this is not a fit case for bail wherein the applicant should be enlarged on bail. However, the learned A.G.A. has not disputed the fact that the applicant does not possess any criminal history.
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 Chhottan 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). 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.
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