Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16238 of 2021 Applicant :- Tinku Opposite Party :- State of U.P.
Counsel for Applicant :- Ashish Mishra Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant Tinku in connection with Sessions Trial No. 683 of 2016 (arising out of Case Crime No. 247 of 2013), under Sections 272, 273 IPC and Section 60 Excise Act, P.S. Ratanpuri, District Muzaffarnagar.
Heard learned Counsel for the applicant and Mr. S.S. Tiwari, learned A.G.A. appearing for the State.
It is submitted that the applicant was admitted to bail in the present crime vide order dated 04.12.2013 passed by the learned Additional Sessions Judge, Court No. 7, Muzaffar Nagar. It transpires that he did not appear in Court on 13.02.2020, which was time when the COVID- 19 pandemic and the ensuing lockdown had come. It is asserted in paragraph no. 10 of the affidavit that he had requested his Counsel to seek exemption but the learned Counsel did not do so. Thereafter, he lost contact with the learned Counsel. In the meantime, learned counsel representing him passed away. The applicant, therefore, engaged a new Counsel in the month of December, 2020, who, on an inquiry, found that a non-bailable warrant has been issued against the applicant. It is further submitted that the applicant was arrested from his abode on 08.01.2021 and is in jail eversince. It is also argued that the applicant undertakes to regularly attend the trial and his absence from proceedings was on account of a situation which was beyond his control, in particular, the extraordinary circumstances created by the COVID-19 pandemic.
The learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact the applicant was on bail since the year 2013, the fact that his absence was during a period of time when life and judicial proceedings were seriously dislocated on account of the COVID-19 pandemic, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant Tinku in connection with Sessions Trial No. 683 of 2016 (arising out of Case Crime No. 247 of 2013), under Sections 272, 273 IPC and Section 60 Excise Act, P.S. Ratanpuri, District Muzaffarnagar be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the Trial Court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
(vi) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(viii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of default of any of the conditions enumerated above, the prosecution would be free to move an application for cancellation of bail before this Court.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression of opinion on the merits of the case. It is further clarified that the Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led, unaffected by anything said in this order.
Order Date :- 7.4.2021 Deepak