Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49708 of 2021 Applicant :- Shameem Opposite Party :- State Of U.P Thru Secretary Home Govt. Up. Lknw.
Counsel for Applicant :- Amit Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Amit Singh, learned counsel for the applicant and Sri Anupam Anand, learned brief holder for the State.
A first information report was lodged as Case Crime No.608 of 2021 at Police Station- Goverdhan, District-Mathura under Sections 147, 149, 332, 333, 353, 342, 379, 504, 506 IPC.
The bail application of the applicant was rejected by learned Additional Sessions Judge, Court No.3, Mathura on 08.10.2021.
The applicant is in jail since 25.09.2021, pursuant to the said F.I.R.
Shri Amit Singh, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant was not named in the F.I.R. All injuries sustained by the police personnel are simple in nature. The injuries do not tally with the prosecution version stated in the F.I.R. The case in the F.I.R. is highly exaggerated. The applicant has not been identified as the assailant who inflicted a life threatening injury on the injured. Learned counsel for the applicant has explained the criminal history of the applicant and contends that the same has no bearing on the instant case.
The main co-accused persons, namely, Wajiv and Usman, who have been named in the F.I.R., have been granted bail by this Court in judgement rendered on 15.11.2021 and 02.11.2021 in Criminal Misc. Bail Application No.44791 of 2021 and Criminal Misc. Bail Application No.45945 of 2021 respectively. The case of the applicant stands on a better footing than the co-accused persons namely, Wajiv and Usman. 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. However, he does not contest the criminal history of the applicant as disclosed 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-Shameem involved in Case Crime No.608 of 2021 at Police Station-Goverdhan, District-Mathura under Sections 147, 149, 332, 333, 353, 342, 379, 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 :- 22.12.2021 Ashish Tripathi Digitally signed by AJAY BHANOT Date: 2021.12.23 19:37:22 IST Reason: Document Owner Location: High Court of Judicature at Allahabad