Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41362 of 2021 Applicant :- Naseer Opposite Party :- State of U.P.
Counsel for Applicant :- Ajeet Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Ajeet Srivastava, learned counsel for the applicant and Shri Vikas Sahai, learned AGA for the State.
A first information report was lodged as Case Crime No.0395 of 2021 at Police Station-Behat District-Saharanpur under Sections 452, 307, 504, 506 IPC.
The bail application of the applicant was rejected by learned Sessions Judge,Saharanpur on 10.09.2021.
The applicant is in jail since 14.08.2021, pursuant to the said F.I.R.
Shri Ajeet Srivastava, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case.The instant criminal proceedings arise out of a family dispute. There are material contradictions in the prosecution version set out in the FIR and various statements made by the informant under Section 161 Cr.P.C. before the police authority. As per the medical opinion injuries sustain by the injured are simple in nature.The applicant as well as informant are family members and relatives. Learned counsel for the applicant contends that there is full possibility of amicable reconciliation between the parties. However, continued incarceration of the applicant will create further lack of communication and bad blood between the parties. The applicant does not have criminal history apart from this 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. Learned A.G.A does not dispute the fact that the applicant does not have criminal history apart from this case.
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-Naseer involved in Case Crime No.395 of 2021 at Police Station-Behat District- Saharanpur under Sections 452, 307, 504, 506 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 :- 21.12.2021 Nadeem