Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47722 of 2021 Applicant :- Gaurav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vidya Sagar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Sri Vidya Sagar Dwivedi, 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 Gaurav for seeking bail in Case Crime No. 278 of 2021 under Section 147, 148, 149, 307, 504 IPC registered at Police Station- Rabupura, District- Gautam Budh Nagar.
The bail application of the applicant has been rejected by the court below on 22.09.2021.
The learned counsel for the applicant has argued that the FIR has been lodged by one Nazim against the applicant and five others on 11.08.2021 under the aforesaid section at police station Rabupura, District Gautam Budh Nagar being FIR No. 0278 with the allegation that on 10.08.2021 wherein all the co- accused including Mohit, were alleged to have consumes liquor and thereafter, as per the version of the prosecution the role of stabbing has been assigned to Mohit. Learned counsel for the applicant has argued that the only role has been assigned to the applicant is of hurling abuses to the injured. The learned counsel for the applicant is next argued that the applicant has been falsely implicated in the case. The learned counsel for the applicant has relied upon the order dated 23.10.2021 passed by coordinate Bench of this Court in Crl. Misc. Bail Application No. 43882 of 2021 whereby the co-accused Mursaleen and Babbar have enlarged on bail, therefore, the applicant is also entitled to be enlarged on bail on the ground of parity. The learned counsel for the applicant has next argued that the applicant is in jail since 12.08.2021 and the paragraph no. 09 of the affidavit 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 has opposed the bail and 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 Gaurav 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