Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46218 of 2021 Applicant :- Nishar @ Tillu Opposite Party :- State of U.P.
Counsel for Applicant :- Rajnish Dubey Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Sri Rajnish Dubey, learned counsel for the applicant, and Sri P. K. Bharadwaj, 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 Nishar @ Tillu for seeking bail in Case Crime No. 100 of 2021, under Sections 457, 380, 429, 295A, 411 IPC, 3/8 U.P. Prevention of Cow Slaughter Act, 11 Animal Cruelty Act and 7 Criminal Law Amendment Act, Police Station- Chauk, District- Mahrajganj.
The bail application of the applicant has been rejected by the court below on 24.09.2021.
The learned counsel for the applicant has argued that the FIR has been lodged by the informant being Bhagwant Prasad Chauhan against unknown person under the above noted sections wherein the allegations leveled that there was two calf, one is missing and the second is badly injured on the neck and there was blood stained there in. The learned counsel for the applicant has further referred to the recovery memo so as to contend that only Rs. 1310/- was found from the possession of the applicant. He further argued that the the applicant is not named in the FIR and there was no incriminating material recovered from his possession. Learned counsel for the applicant has relied upon the order dated 29.10.2021 passed by coordinate Bench of this Court in Crl. Misc. Bail Application No. 44986 of 2021 wherein the co-accused Ajmuddin @ Koil has already been bailed out, therefore, the applicant is also entitled to be released on bail on the ground of parity. The learned counsel for the applicant has next argued that the applicant is in jail since 03.09.2021. He lastly submits that if the applicant is released on bail, he will not misuse the liberty of bail.
Countering the said submission, learned AGA for the State has opposed the bail and argued that this is not a fit case for bail wherein the applicant should be enlarged on bail. However, the learned A.G.A. has not disputed the facts and submissions advanced by the learned counsel for the applicant.
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 Nishar @ Tillu 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 :- 21.12.2021/Nisha