Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43888 of 2021 Applicant :- Dheeraj Opposite Party :- State Of U.P Counsel for Applicant :- Virendra Singh,Sarvesh Kumar Dubey Counsel for Opposite Party :- G.A.,Vinod Singh
Hon'ble Vikas Budhwar,J.
Heard Sri Sarvesh Kumar Dubey, learned counsel for the applicant, Sri Rajendra Prasad Advocate having A.O.R No. A/R-0942/2016 holding brief of Sri Vinod Singh, learned counsel for the complainant and Sri D. N. Tiwari, 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 Dheeraj for seeking bail in Case Crime No. 0242 of 2021 under Section 147, 148, 149, 307, 323, 325, 504 IPC registered at Police Station- Jahagirabad, District- Bulandshahr.
The bail application of the applicant has been rejected by the court below on 09.09.2021.
The learned counsel for the applicant has argued that the FIR has been lodged by Smt. Pooran against the applicant and four others under the aforesaid sections being FIR No. 0242 on 21.04.2021 alleging commissioning of the offence on 21.04.2021 wherein the son of the complainant being Balkishan has been shown to have sustained injuries. A copy of the injury report is annexed as annexure-2 of the of the application which quoted hereinunder:-
"1.Incised wound 10 cm. X0.5 cm. Multiple of head Horizontal Regular Bleeding present 12 cm. Above medical end of Rt. Eyebrow K.U.O advise X-ray Head/CT/head.
2. Lacerated wound 5X1cm. Present on Rt hand Ring finger part side margins irregular bleeding present, K.U.O advised X-ray Rt.Hand with finger Horizontal shape.
3. Lacerated wound 5X1cm. Complain present on left hand index finger on back side, margins Irregular, Bleeding present Horizontal shape. K.U.O. Advise X-ray of left hand.
4. Abrasion with contused swelling 4X2 cm. On Rt. Foot present toe. Color Reddish with associated pain and tenderness present. K.U.O advised X-ray of Rt. Foot with toes.
5. Lined abrasion 10X0.1 cm on back of Rt. Side Abrasion colour Reddish oblique shape."
He further argued that in the case of Harishchand, one of the co-accused in the FIR it has been alleged that he was carrying a country made pistol as well as in the statement of the injured so recorded u/s 161 Cr.P.C., the version changed to the weapon being 'farsa' likewise. The learned counsel for the applicant has also submitted that the criminal case is nothing but an act to victimize the applicant and harass him. The learned counsel for the applicant referred to the order dated 02.11.2021 passed by coordinate Bench of this Court in Crl. Misc. Bail Application No. 45860/2021 (Harishchand Vs. State of U.P. Thru Secretary Home Govt. U.P. Lucknow.) wherein the co-accused being Harishchand has been enlarged on bail as well as the order dated 26.11.2021 passed by coordinate Bench of this Court in Crl. Misc. Bail Application No. 33858/2021 (Boby @ Nek Singh Vs. State of U.P.) wherein the co-accused being Boby @ Nek Singh he also been enlarged on bail respectively, therefore, the applicant is also entitled to be released on bail on the ground of parity. The learned counsel for the has next argued that the applicant is in jail since 24.06.2021 and the paragraph no. 42 shows that the applicant has no criminal history. 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 as well as the counsel for the complainant have opposed the bail and argued that this is not a fit case for bail. However, they have not disputed the factum about the change in the version of the complainant as referred above and also the fact that the co- accused have been granted bail.
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 Dheeraj 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 :- 22.12.2021 Nisha Digitally signed by VIKAS BUDHWAR Date: 2021.12.23 11:52:03 IST Reason: Document Owner Location: High Court of Judicature at Allahabad