Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49754 of 2021 Applicant :- Shyamveer Opposite Party :- State of U.P.
Counsel for Applicant :- Mukesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Mukesh Kumar, learned counsel for the applicant and Shri I.P. Srivastava, learned AGA for the State.
A first information report was lodged as Case Crime No.0137 of 2021 at Police Station- Merapur District-Fatehgarh under Sections 147, 452, 323, 324, 504, 506 IPC.
The bail application of the applicant was rejected by learned Special Judge (Essential Commodities Act)/Additional Sessions Judge,Farrukhabad on 21.10.2021.
The applicant is in jail since 16.08.2021, pursuant to the said F.I.R.
Shri Mukesh Kumar, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. Only general role has been assigned to the applicant. The applicant has not been identified as the assailant who inflicted lifethreatening injuries on vital party of the body of the victim. The injured has sustained mainly simple injuries. Some injuries were caused by to sharp edged weapon. There is no bony injury. The applicant does not have criminal history apart from this case. 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. Learned A.G.A does not dispute the fact that the applicant does not have 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-Shyamveer involved in Case Crime No.137 of 2021 at Police Station-Merapur District-Farrukhabad under Sections 147, 148, 452, 323, 324, 307, 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 :- 23.12.2021 Nadeem