Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42181 of 2021 Applicant :- Shivam @ Shiva Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Raksha Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Ram Raksha Tiwari, 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. 179 of 2021 at Police Station-Kotwali Nagar, District-Banda under Sections 452, 308, 323, 325, 504, 506 I.P.C.
The bail application of the applicant was rejected by learned Sessions Judge, Banda, on 02.09.2021.
The applicant is in jail since 09.08.2021, pursuant to the said F.I.R.
Shri Ram Raksha Tiwari, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. A general and vague role in the assault has been assigned to the applicant. The applicant has not been identified as an assailant who caused fracture on the shoulder of the injured. All injuries except fracture are simple in nature. There is no life threatening injury on any vital part of the body of the injured. 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 I. P. Srivastava, 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- Shivam @ Shiva involved in Case Crime No. 179 of 2021 at Police Station-Kotwali Nagar, District-Banda under Sections 452, 308, 323, 325, 504, 506 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