Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47063 of 2021 Applicant :- Mukesh Opposite Party :- State of U.P.
Counsel for Applicant :- Binod Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Binod Kumar Tripathi, 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- Mukesh for enlarging him on bail in Case Crime No.105 of 2019, under Sections 323, 324, 325, 452, 504 and 506 I.P.C, registered at Police Station-Nidauli Kalan, District- Etah.
The bail application so preferred by the applicant being Bail Application No. 3078 of 2021 has been rejected by the court of Sessions Judge, Etah, on 11.10.2021.
Learned counsel for the applicant has argued that a first information record has been lodged by one Sri Sukhdesh son of Sri Ram Singh on 4.6.2019 before P.S. Nidauli Kalan, District Etah being F.I.R. No. 0105 against the applicant and 3 others with an allegation that at about 10:00 O'clock in the morning on 27.5.2019, when the complainant and his brother were sitting outside their house, then the applicant as well as the co-accused administered beating upon the brother of the applicant with sticks and spade on account whereof, the brother of the applicant being Satendra Kumar sustained injuries. Learned counsel for the applicant has further argued that the role, which has been sought to be assigned against the applicant is general in nature, and no specific role has been assigned to him. Further argument has also been raised by learned counsel for the applicant that applicant has not committed any offence, so made out against him, as no recovery from the applicant has been made out. Learned counsel for the applicant has made a statement at bar that the co-accused being one Vikas, whose name also finds place in the FIR has been enlarged on bail by virtue of order dated 21.12.2021 in Crl. Misc. Bail Application No. 56071 of 2021. Learned counsel for the applicant has further argued that there is no criminal history as in this regard, learned counsel for the applicant has referred to paragraph-18 of the affidavit. Learned counsel for the applicant has next submitted that applicant is languishing in jail since 1.10.2021. 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 factum regarding assigning of general role in the FIR and further the fact that there is no criminal history, though according to learned A.G.A, once co-accused Vikas has been enlarged on bail, applicant is also entitled for the same.
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- Mukesh 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 :- 22.12.2021 N.S.Rathour