Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38000 of 2021 Applicant :- Kishan Dev Opposite Party :- State of U.P.
Counsel for Applicant :- Rajesh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Sri Rajesh Kumar Shukla, learned counsel for the applicant, and Sri L. D. Rajbhar, 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 being Kishan Dev for seeking bail in Case Crime No. 282 of 2020, under Sections 379, 411 I.P.C. registered at Police Station- Shahganj, District- Jaunpur.
The bail application of the applicant has been rejected by the court below, on 13.08.2021.
Sri Rajesh Kumar Shukla, learned counsel for the applicant has argued that earlier a FIR purported to be under section 379 IPC 1860 was lodged by one Smt. Geeta Devi W/o Vinod against unknown person at police station Shahganj, District Jaunpur bearing FIR No. 0282 on 08.12.2020 regarding commissioning of offence on 06.12.2020 alleging that a pickup of Mahindera and Mahindra which is used for the purposes of goods carrier delivery, was stolen bearing no. UP62AT2048 though, the complainant had dialed 100 number but nothing was done constrained with the same, the complainant lodged the FIR. The learned counsel for the the applicant has further submitted that thereafter, another FIR was lodged against the applicant herein along with three others on 29.01.2021 being FIR No. 0022 before the police station Rasra District Ballia purported to be u/s 3/5/8 Prevention of Cow Slaughter Act, 1955 and 11 Prevention of Cruelty to Animals Act, 1960 alleging that the applicant herein was caught red handed along with the pickup no. UP54T.6922. The learned counsel for the applicant has argued that a totally false and frivolous case has been lodged against the applicant and his bail has been rejected by the court below and on that pretext there is a criminal case pending against the applicant in pursuance of the FIR and thus, bail cannot be granted to him. In nutshell, the argument of the applicant is that the vehicle which was stolen on 06.12.2020 was registered as UP62AT2048 as well as the vehicle in question which has been recovered is bearing no. UP54T.6922 thus, there is no intermediate connection with the vehicle in question. Learned counsel for the applicant has further argued that the applicant is languishing in jail since 22.07.2021 and the paragraph no. 15 of the application shows that the applicant has no previous criminal history and in case he is granted bail, he will not misuse the liberty of bail.
Sri L. D. Rajbhar, learned AGA for the State has though opposed the bail of the applicant and argued that the present case is not a fit case wherein bail should be granted to the applicant but on the other hand, he is not able to dispute the factual submission so advanced by the learned counsel for the applicant in particular the fact that the registration of the vehicle in question is different viz a viz the registration so mentioned in the FIR.
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 Kishan Dev, 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 :- 20.12.2021 Nisha