Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49467 of 2021 Applicant :- Kalutey Gautam Opposite Party :- State of U.P. Counsel for Applicant :- Zainul Abdin Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Sri Zainul Abdin, learned counsel for the applicant and Sri L.D. Rajbhar, who appears for the State-respondent.
Supplementary affidavit filed is taken on record.
This bail application purported to be under Section 439 of the Cr.P.C. has been moved on behalf of the applicant for seeking bail in Case Crime No. 235 of 2020 under Sections 323, 504, 506, 325, 307, 452 IPC, Police Station- Nawabganj, District- Prayagraj.
The bail application of the applicant has been rejected by the court below, on 26.10.2021.
The learned counsel for the applicant has argued that the first information report was lodged against the applicant and three others by informant Ashok Kumar Gautam at P.S. Nawabganj, district Prayagraj on 01.05.2020 vide Crime no. 235 of 2020, under Sections 323, 504, 506, 325, 307, 452 IPC with the allegation that the applicant along with other co accused persons had hurled abuses and also used his axe for the purposes of giving grievous injuries to the victim. Learned counsel for the applicant has further argued that the entire story set up is nothing but a bundle of lies. He further argued that no specific role has been assigned to the applicant and even otherwise, the applicant at no point of time committed any act which comes within the ambit of offence, as mentioned above. He further argued that the applicant has no criminal history to his credit while referring to para 3 of the supplementary affidavit. Learned counsel for the applicant has referred the orders dated 15.09.2021 passed in Criminal Misc. Bail Application No. 37850 of 2020 and 37590 of 2020 by which co accused Shyamu Gautam and Ramu Gautam have already been enlarged on bail by a coordinate Bench of this Hon'ble Court. Learned counsel for the applicant further submits that the applicant is in jail since 09.11.2020. He lastly submits that if the applicant is released on bail, he will not misuse the liberty of bail.
Countering the said submission, learned AGA for the State has strongly opposed the bail application of the applicant but he could not point out any infirmity in the factual aspect with regard to the criminal history as well as the fact that co accused persons 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 Kalutey Gautam 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). In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
(vi). Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
It is made clear that 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 Vikram