Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49522 of 2021 Applicant :- Dhurandhar Yadav @ Ravi Ranjan Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Dinesh Kumar Gupta,Raghawendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Sri Dinesh Kumar learned counsel for the applicant and Sri P.K. Bharadwaj 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 applicant Dhurandhar Yadav @ Ravi Ranjan Yadav for seeking bail in Case Crime No.50 of 2021 under Sections 379 & 411 I.P.C. registered at Police Station-Phephana, District-Ballia.
The bail application of the applicant has been rejected by the court below on 6.9.2021.
Learned counsel for the applicant has argued that a first information report had been lodged by one Sri Sheshnath Yadav against the applicant as well as one Sri Janardan Yadav s/o late Deena Nath Yadav and Akshchya Yadav @ Mangroo Yadav s/o Laxman Yadav under Section 379 IPC before Police Station- Phephana, District-Ballia alleging the commission of offence on 24/25.3.2021 with relation to the fact that the Bullet Registration No.CG04LW0377 which was parked outside of the complainant has been stolen.
Learned counsel for the applicant has next argued that the first information report has been lodged after a period of 26 days that the occurrence of the incident is dated 24/25.3.2021. However, the FIR has been lodged on 20.4.2021. Further according to the applicant the entire story so sought to be cooked up by the prosecution is false and concocted.
Learned counsel for the applicant has further argued that the recovery so sought to be shown against the applicant is false and he has been illegally implicated and further alleged recovery of pistol itself not borne from the record.
Learned counsel for the applicant has next argued that he has no criminal history while drawing the attention of paragraph 18 and further has also argued that the applicant is languishing in jail since 21.4.2021.
Lastly learned counsel for the applicant has relied upon the order dated 10.8.2021 passed in Criminal Misc. Bail Application No.23316 of 2021, Akshaya Yadav @ Mangaroo wherein the co-accused was enlarged on bail.
Countering the said submission learned AGA for the State has though opposed the bail but has not controverted the above mentioned facts.
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 Dhurandhar Yadav @ Ravi Ranjan Yadav 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) Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Any observations made in granting bail to the applicants 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 piyush