Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51074 of 2021 Applicant :- Iqbal Hussain Opposite Party :- State of U.P.
Counsel for Applicant :- Ashutosh Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Sri Ashutosh Tiwari, 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- Iqbal Hussain for seeking bail in Case Crime No.84 of 2021, under Sections 406, 420, 411, 414, 386 I.P.C, registered at Police Station- Kotwali, District-Varanasi.
The bail application so preferred in the above noted Sections has been rejected by the Court of Sessions Judge, Varanasi on 9.11.2021.
Learned counsel for the applicant has argued that a first information report has been lodged by one Ashraf Ali son of Tahir Ali against unknown persons under Section 420 IPC in P.S. Kotwali, District- Varanasi being FIR No. 0084 dated 14.9.2021 with respect to an offence that when the son of the informant being Salman was present over a jewellery shop, then one Kaleem along with Govind and others robbed 300 grams of gold and thereafter during the transit remand of Sri Abhilekh Anand as well as Irfan, who has given a statement, whereby whereinunder he named one co-accused. Learned counsel for the applicant has further argued that the only recovery, which is being sought to be shown against the applicant is to the tune of Rs.3150/-. In nutshell, the argument is to the extent that there was no independent witness present at the time of robbery and further he has not been named in the FIR also. Learned counsel for the applicant also argued that he is languishing in jail since 24.9.2021 and he has further drawn the attention of this Court towards paragraph-29 so as to contend that he has no criminal history. 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 veracity of the arguments so sought to be made by learned counsel for the applicant.
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-Iqbal Hussain 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 :- 21.12.2021 N.S.Rathour