Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47003 of 2021 Applicant :- Jhabole @ Chnadrajeet Opposite Party :- State of U.P.
Counsel for Applicant :- Ashok Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Shri A.K. Singh, learned counsel for the applicant, and Shri L.D. Rajbhar, learned A.G.A. for the State.
This bail application purported to be under Section 439 of the Cr.P.C. has been moved on behalf of applicant-Jhabole @ Chandrajeet for enlarging him on bail in connection with Case Crime No. 178 of 2019, under Sections 363, 364 I.P.C. registered at Police Station Sajeti, District Kanpur Nagar.
The Bail Application No. 1721 of 2021, so preferred by the applicant, has been rejected by the Court below on 05.10.2021.
Learned counsel for the applicant has argued that on 13.04.2019, F.I.R. was lodged by the complainant being Smt. Gauri Devi, wife of Deep Chandra against unknown persons with an allegation that on 11.04.2019, her daughter, aged about 5 years was missing. However on 07.05.2019, one Smt. Killan, sister-in- law of the informant has stated that she had seen the girl with the applicant and two others namely Pushpa and Sangeeta. On the basis of aforesaid statement, the applicant has been implicated. Learned counsel for the applicant has argued that he has been falsely implicated in the said case and has sought parity with regard to one Smt. Sangeeta and Shri Amit Kumar who have been enlarged on bail. Learned counsel for the applicant has referred to the order dated 24.09.2019 passed in Criminal Misc. Bail Application No. 27086 of 2019 (Sangeeta vs. State of U.P.) and order dated 06.01.2021 passed in Criminal Misc. Bail Application No. 33429 of 2020 (Amit Kumar vs. State of U.P.). Learned counsel for the for the applicant has referred to paragraph no. 16 of the paper book so as to contend that he has no criminal history and is in jail since 03.09.2021. He lastly submits that if the accused is released on bail, he will not misuse the liberty of bail.
Countering the said submission, learned A.G.A., has vehemently argued that this is not a fit case, wherein bail should be granted in favour of the applicant. However, learned A.G.A. could not dispute the fact that the F.I.R. was lodged against unknown person and subsequently the name of the applicant came into surface later on in the statement of Smt. Killan and further that co-accused have already been enlarged on bail.
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-Jhabole @ Chandrajeet 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 Saurabh