Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42266 of 2021 Applicant :- Prashant Tiwari @ Jammu Opposite Party :- State of U.P.
Counsel for Applicant :- Istiyaq Ali,Ali Hasan Counsel for Opposite Party :- G.A.,Rajesh Kumar Pandey
Hon'ble Ajay Bhanot,J.
Heard Shri Ali Hasan, learned counsel for the applicant and learned AGA for the State.
A first information report was lodged as Case Crime No. 274 of 2019 at Police Station-Sujanganj, District- Jaunpur under Sections 325, 307, 427, 34, 419, 420 I.P.C.
The bail application of the applicant was rejected by learned Additional Sessions Judge, Jaunpur, on 06.09.2021.
The applicant is in jail since 24.08.2021, pursuant to the said F.I.R.
Shri Ali Hasan, 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 regarding the ancestral property. The incident was a road accident which was subsequently given a colour of a criminal assault only to falsely implicate the applicant. The injured has not suffered a life threatening injury on any vital part of the body. No person of the police party has sustained any injury in the alleged incident. Further the injuries do not correspond to the prosecution case as set out in the F.I.R. Learned counsel for the applicant has explained the criminal history of the applicant and further contends that the aforesaid criminal history arisen out of the same family dispute. The aforesaid cases do not have any bearing on the instant case. Apart from this case, the applicant does not have any criminal history. 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.
Shri Rishi Chaddha, learned AGA for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not contest the criminal history of the applicant as explained 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-Prashant Tiwari @ Jammu involved in Case Crime No. 274 of 2019 at Police Station- Sujanganj, District-Jaunpur under Sections 325, 307, 427, 34, 419, 420 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 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 Dhananjai