Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45234 of 2021 Applicant :- Raghuveer Kumar Gautam Opposite Party :- State Of U.P Thru Secretary Home Lknw. Counsel for Applicant :- Mohd. Samiuzzaman Khan,Saddam Husain Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Mohd. Samiuzzaman Khan, learned counsel for the applicant and learned A.G.A. for the State.
A first information report was lodged against the applicant as Case Crime No.130 of 2021 at Police Station-Kotwali Deoria, District-Deoria under Sections 147, 148, 149, 323, 324, 307, 504, 506 I.P.C. and Section 7 of Criminal Law (Amendment) Act.
The bail application of the applicant was rejected by learned Incharge Special Judge, Deoria, on 16.09.2021.
The applicant is in jail since 17.08.2021, pursuant to the said F.I.R.
Shri Mohd. Samiuzzaman Khan, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The role assigned to the applicant in the assault does not tally with the injuries suffered by the injured. Incised wound in the abdomen area is not life threatening and the grievous injuries has been attributed to one co-accused Kantiveer who wielded a knife in the assault. 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 A.G.A could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not dispute the fact that the applicant does not have any 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-Raghuveer Kumar Gautam involved in Case Crime No.130 of 2021 at Police Station-Kotwali Deoria, District-Deoria under Sections 147, 148, 149, 323, 324, 307, 504, 506 I.P.C. and Section 7 of Criminal Law (Amendment) Act 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 :- 17.12.2021 Dhananjai Digitally signed by AJAY BHANOT Date: 2021.12.21 10:52:53 IST Reason: Document Owner Location: High Court of Judicature at Allahabad