Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32290 of 2021 Applicant :- Gajendra @ Vikash Opposite Party :- State of U.P.
Counsel for Applicant :- Satya Narayan Yadav,Jitendra Prasad Mishra,Rahul Mehrotra,Sanjay Kumar Jain Counsel for Opposite Party :- G.A.,Rajendra Kumar Srivastava
Hon'ble Ajay Bhanot,J.
Heard Shri Jitendra Prasad Mishra, learned counsel and Shri Sanjay Kumar Jain, learned counsel for the applicant, Shri Rajendra Kumar Srivastava, learned counsel for the informant and learned AGA for the State.
A first information report was lodged as Case Crime No. 05 of 2021 at Police Station-Khairgarh, District- Firozabad under Sections 307, 504, 506 I.P.C.
The bail application of the applicant was rejected by learned Additional Sessions Judge/Special Judge (POCSO Act), Firozabad, on 20.07.2021.
The applicant is in jail since 24.06.2021, pursuant to the said F.I.R.
Shri Jitendra Prasad Mishra, learned counsel and Shri Sanjay Kumar Jain, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The instant criminal proceedings arise out of a family dispute. The injured is a real uncle of the applicant. The injured has not suffered any life threatening injury on any vital part of the body. There are material variations in the prosecution case disclosed in the F.I.R. and the statement made by the injured under Section 161 Cr.P.C. As per the X-ray report, no bony injury has been observed. Shri Jitendra Prasad Mishra, learned counsel, Shri Sanjay Kumar Jain, learned counsels for the applicant and Shri Rajendra Kumar Srivastava, learned counsel for the informant jointly contend that the family members of the parties are making all efforts to amicably resolve the family dispute. Continued incarceration of the applicant will create further lack of communication and bad blood between the parties. Apart from this 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.
Shri Rishi Chaddha, learned AGA for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA could not dispute the fact that the applicant does not have any criminal history.
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-Gajendra @ Vikash involved in Case Crime No. 05 of 2021 at Police Station-Khairgarh, District-Firozabad under Sections 307, 504, 506 I.P.C. 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 him 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 :- 20.12.2021 Dhananjai