Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47347 of 2021 Applicant :- Naseem Opposite Party :- State of U.P.
Counsel for Applicant :- Ch. Dil Nisar,Vinay Prakash Shukla Counsel for Opposite Party :- G.A.,Avinash Pandey
Hon'ble Ajay Bhanot,J.
Heard Shri Ch. Dil Nisar, learned counsel for the applicant and Sri I.P. Srivastava, learned AGA for the State.
A first information report was lodged as Case Crime No.0320 of 2021 at Police Station- Kandhala District-Shamli under Sections 147, 148, 323, 308, 452, 504 IPC.
The bail application of the applicant was rejected by learned Sessions Judge, Shamli on 30.09.2021.
The applicant is in jail since 13.07.2021, pursuant to the said F.I.R.
Shri Ch. Dil Nisar, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The criminal proceedings arise out of a spat between two parties in the same village. This is a cross- case. The applicant acted in self-defence. No life threatening injury has been sustained by the injured in the incident. Large number of persons were assigned a general and vague role in the assault. The applicant has not been identified as the assailant who inflicted any life threatening injury on anyone. Most importantly two persons from the applicant side have also suffered grievous injuries. Learned counsel for the applicant has explained the criminal history of the applicant and further contends that the same has no bearing on the instant case. 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 applicant shall not tamper with the evidence nor influence the witnesses in any manner.
Learned A.G.A could not satisfactorily dispute the aforesaid submissions from the record. However, he does not contest the criminal history of the applicant 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 applicant-Naseem involved in Case Crime No.320 of 2021 at Police Station-Khandhla District-Shamli under Sections 147, 148, 323, 308, 504, 325 IPC, 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 applicant will not tamper with the evidence during the trial.
2. The applicant will not influence any witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. 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.
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 :- 22.12.2021 Nadeem