Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47234 of 2021 Applicant :- Gaurav Opposite Party :- State of U.P. Counsel for Applicant :- Sukhvir Singh Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Sri Sukhvir Singh, learned counsel for the applicant, and Sri L.D. Rajbhar, the 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- Gaurav for enlarging him on bail in Case Crime No.759 of 2021, under Sections 308, 323 I.P.C. registered at Police Station- Bisrakh, District-Gautam Budh Nagar The bail application so preferred by the applicant has been rejected by the court below on 18.10.2021.
Learned counsel for the applicant has argued that a first information report has been lodged by the complainant being Amit Kumar against the applicant and his brother Saurabh being FIR No. 759 of 2021, under Sections 308, 323 I.P.C. at Police Station- Bisrakh, District-Gautam Budh Nagar alleging commission of offence in relation to the fact that the applicant who happens to be an Auto Driver had tried to overtake the bus of the injured and thereafter, pursuant thereto, ruckus was created and an allegation has been sought to be leveled that the applicant has used iron rod and hit on the head of the injured on account whereof, complainant sustained only single injury. Learned counsel for the applicant has further argued that there is no specific role assigned to the applicant, which is clear from the perusal of the statement of complainant at page-24/25 of the paper-book. Learned counsel for the applicant has further submitted that the applicant has been falsely implicated in the case, as there was no occasion for administering beating upon the complainant, as they both are drivers, and they render transportation facility. Learned counsel for the applicant has drawn the attention of this Court towards paragraph-8 of the affidavit, so as to contend that there is no criminal history and the applicant is languishing in jail since 20.8.2021. If the accused is released on bail, he will not misuse the liberty of bail.
Countering the above submission learned AGA for the State has though vehemently opposed the bail, but could not dispute the factum of the argument so sought to be made by learned counsel for the applicant in relation to the criminal history and other aspects.
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) 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 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 N.S.Rathour