Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38354 of 2021 Applicant :- Rajkumar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pavan Kumar Mishra,Mayank Yadav,Vivek Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Sri Vivek Kumar Singh, learned counsel for the applicants, and 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 applicants, namely, Rajkumar, Arvind, Subash and Sompal for seeking bail in Case Crime No 159 of 2021, under Sections 147, 148, 149, 307, 336, 323, 504, 506 I.P.C. and 7 Criminal Law Amendment Act registered at Police Station- Jhinjhana, District- Shamli.
The bail application of the applicants has been rejected by the court below, on 24.08.2021.
Learned counsel for the applicants has argued that on 29.03.2021 there was a fight in between two fractions wherein the applicants along with the others sustained injuries though, they were simple in nature. The injuries sustained by them, were on account of the attack so made by the Prakash and others however, the applicants have been falsely implicated in the present case particularly in view of the fact that they have only sustained injuries. The counsel for the applicants has further argued that the applicants are languishing in jail since 30.03.2021 and paragraph no. 19 of the application shows that the applicants do not possess any criminal history to their credit. The learned counsel for the applicant has further drawn the attention of the Court towards the following orders wherein the co-accused, namely, Kiranpal, Kaleem, Sandeep and Pintu, Pawan and Sachin, Ilam Singh, Pramod, Prakash and Toni having similar role to that of applicants have already been granted bail by this Court in Criminal Misc. Bail Application Nos. 38050 of 2021, 49983 of 2019, 26057 of 2021, 26050 of 2021, 28591 of 2021, 28011 of 2021, 28923 of 2021 and 28916 of 2021 vide orders dated 04.10.2021, 16.11.2019, 09.08.2021, 12.08.2021, 16.08.2021, 09.08.2021, 10.08.2021 and 10.08.2021 respectively, therefore, the applicants are also entitled to be released on bail on the ground of parity.
Countering the said submission, learned AGA for the State has argued that the present case is not a fit case wherein the bail should be granted to the applicants but he could not dispute the factual aspect of the matter and the fact of interim protection have already been granted to the similar co-accused which have been named in the aforesaid sections in the aforesaid case crime number.
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 applicants Rajkumar, Arvind, Subash and Sompal, involved in aforesaid crime be released on bail on their 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 applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
(ii). The applicants shall cooperate in the trial sincerely without seeking any adjournment.
(iii). The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
(iv). The applicants 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 them 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 applicants and sureties be verified by the court concerned before the bonds are accepted.
Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicants, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicants is placed before the Court, the same would be entertained.
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 :- 20.12.2021 Nisha