Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39889 of 2021 Applicant :- Madho And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Vikas Srivastava,Manish Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Vikas Srivastava,learned counsel holding brief of Shri Manish Kumar Dwivedi, 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.272 of 2018 at Police Station-Gangiri, District-Aligarh under Sections 147, 148, 323, 324, 336, 308, 504 I.P.C.
The bail application of the applicant was rejected by learned Sessions Judge, Aligarh, on 05.8.2021.
The applicants are in jail since 27.07.2021, pursuant to the said F.I.R.
Shri Vikas Srivastava,learned counsel holding brief of Shri Manish Kumar Dwivedi, learned counsel for the applicant contends that the applicants have been falsely implicated in the instant case. This is a cross case. The instant criminal proceedings arise out of a spat between two rival parties. A general and vague role in the assault has been assigned to the applicants. All injuries in this case are simple in nature. The applicants have not been identified as the assailants who inflicted life threatening injuries on the injured. It is noteworthy that the persons from the applicant's side suffered more serious injuries. Apart from this case, the applicants do not have any criminal history. Learned counsel for the applicant claims congruency in role with co-
accused person and seeks parity in relief with co-accused namely Natthu Singh who has been granted bail by the this Court on 06.04.2021 in Criminal Misc. Bail Application No. 16078 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- Madho and Raju @ Rajpal involved in Case Crime No.272 of 2018 at Police Station-Gangiri, District-Aligarh under Sections 147, 148, 323, 324, 336, 308, 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