Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47084 of 2021 Applicant :- Gorakhnath Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Ishwar Kumar Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Ishwar Kumar Upadhyay, 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- Gorakhnath Yadav for enlarging him on bail in Case Crime No.302 of 2021, under Sections 411, 420, 467, 468, 471 I.P.C, registered at Police Station-Kotwali, District- Ballia.
The bail application so preferred by the applicant has been rejected by the court below on 8.9.2021.
Learned counsel for the applicant has argued that a first information report has been lodged by one S.I. Chakrapani Mishra against the applicant and one Ajit Kumar Yadav being FIR No. 302 of 2021, under Sections 411, 420, 467, 468, 471 I.P.C, registered at Police Station-Kotwali, District- Ballia alleging that two motorcycles were recovered from the applicant and the co-accused on the basis of the tip so given to the police officials being motorcyle No.UP60Q9758 referable to the applicant. Learned counsel for the applicant has further argued that the applicant is innocent and the entire story so sought to be portrayed against the applicant is a false and concocted. Learned counsel for the applicant has further argued while referring to paragraph-8 so as to contend that to his knowledge, no FIR has been lodged in any police station regarding the theft bearing motorcycle Passion Pro bearing No. UP60Q 2575 by any person. Learned counsel for the applicant has also argued that in connection with his criminal history while specifically mentioning in paragraphs-9 and 10 that he has no criminal history to his credit. Learned counsel for the applicant has relied upon the order dated 15.12.2021 passed in Criminal Misc. Bail Application 42789 of 2021 so as to contend that co-accused has been granted bail. He further contended that 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 point any infirmity in the argument so sought to be raised by learned counsel for the applicant with relation to criminal history and with regard to passing of order in favour of the co-accused by a coordinate Bench of this Court.
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- Gorakhnath 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 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