Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50988 of 2021 Applicant :- Guddu Yadav And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Sarvajeet Singh Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Sri Sarvajeet Singh learned counsel for the applicants and Sri B.N. Tiwari 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 applicants Guddu Yadav and Ramanand for seeking bail in Case Crime No.458 of 2020 of 2021 under Sections 420, 467, 468, 471, 120B I.P.C. registered at Police Station-Sahaswan, District-Budaun.
The bail application of the applicants has been rejected by the court below on 5.10.2021.
As per the pleadings set forth in the present bail application an FIR has been lodged against the applicants who are two in number along with nine others being FIR No.0458, under Sections 420, 467 468, 471 IPC, P.S. Sahaswan, District- Budaun on 21.10.2020 with an allegation that the applicants herein had obtained loan on the basis of forged and fictitious documents.
Learned counsel for the applicants has further argued that prior to sanction of loan Field Officer of the concerned bank visited. Further entire set up local team and machinery is provided which goes into each and every aspect of the matter before granting financial assistance.
In the nutshell, the argument of learned counsel for the applicants is to the extent that the lodging of the first information report and initiation of criminal proceedings is illegal as the applicants have no point of time committed any criminality.
Learned counsel for the applicants has further argued that the matter with respect to the fact as to whether the document is forged not is to be finally adjudicated and merely on the said basis the applicants cannot be said to be committed any offence.
Learned counsel for the applicants has further argued that in the same case crime number bail has been granted in favour of co- accused Kashiram in Criminal Misc. Bail Application No.24358 of 2021 on 13.9.2021.
Learned counsel for the applicants has also drawn the attention towards para 14 of the application so as to contend that there is no criminal history.
Countering the said submission, learned AGA for the State has argued that the present case is not a fit case wherein the bail should be granted to the applicants but he could not dispute the factual aspect of the matter and the fact of interim protection have already been granted to the similar co-accused which have been named in the aforesaid sections in the aforesaid case crime number.
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 applicants Guddu Yadav and Ramanand involved in aforesaid crime be released on bail on their 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 applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
(ii) The applicants shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
(iv) The applicants 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 applicants 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 :- 21.12.2021 piyush