Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38279 of 2021 Applicant :- Imran And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Sandeep Kumar Srivastava,Amit Daga Counsel for Opposite Party :- G.A.,Ashish Bajpayee,Sanjeev Kumar Bajpai
Hon'ble Ajay Bhanot,J.
Heard Shri Sandeep Kumar Srivastava, learned counsel for the applicant and learned A.G.A. for the State.
A first information report was lodged against the applicant as Case Crime No.507 of 2020 at Police Station-Naugawan Sadat, District-Amroha under Sections 147, 148, 149,307, 323, 325, 326, 504 I.P.C.
The bail application of the applicant was rejected by learned Additional District and Sessions Judge, Amroha, on 16.08.2021.
The applicants are in jail since 16.08.2021, pursuant to the said F.I.R.
Shri Sandeep Kumar Srivastava, learned counsel for the applicant contends that the applicants have been falsely implicated in the instant case. A general and vague role in the assault has been assigned to the 11 co-accused persons including the applicants. No life threatening injury has been sustained by the injured. The applicants have not been identified as the assailants who caused grievous injuries. Learned counsel for the applicants has explained the criminal history of the applicants and further contends that same have no bearing on the instant case. Learned counsel for the applicant claims congruency in role with co-accused person and seeks parity in relief with co-accused namely Ali Abbas and Chhota, who have been granted bail by the this Court on 01.11.2021 in Criminal Misc. Bail Application No. 38117 of 2021. 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 applicants shall not tamper with the evidence nor influence the witnesses in any manner.
Shri I. P. Srivastava, learned A.G.A could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not contest the criminal history of the applicants as disclosed in the bail application.
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 applicants- Imran and Zafar involved in Case Crime No.507 of 2020 at Police Station-Naugawan Sadat, District-Amroha under Sections 147, 148, 149,307, 323, 325, 326, 504 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 applicants will not tamper with the evidence during the trial.
2. The applicants will not influence any witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. 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.
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 :- 17.12.2021 Dhananjai