Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51076 of 2021 Applicant :- Vedpal @ Bijendra Opposite Party :- State of U.P.
Counsel for Applicant :- Anil Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Sri Anil Kumar Pandey, learned counsel for the applicant, 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 applicant being Vedpal @ Bijendra for seeking bail in Case Crime No. 142 of 2021, under Section 307, 323, 504, 506 IPC registered at Police Station- Jasrath Pur, District- Etah.
The bail application of the applicant has been rejected by the court below on 13.10.2021.
The learned counsel for the applicant has argued that the FIR was got registered by the complainant being Dhruva Singh u/s 307, 323, 504, 506 IPC at police station- Jasrath Pur, District- Etah being FIR No. 0142 on 04.08.2021 against three named and one unnamed persons, however, the applicant is not named in the FIR, his complicity in the commission of the offence is come into light during the investigation. He further submitted that the injured did not suffer any life threatening injury on the vital part of his body. The learned counsel for the applicant has further submitted the applicant is falsely implicated in the present case. The learned counsel for the applicant has relied upon the order dated 02.12.2021 passed by coordinate Bench of this Court in Crl. Misc. Bail Application No. 51155 of 2021 (Ramveer Vs. State of U.P. Thru Secretary Home Govt. U.P. Lknw.) whereby the co-accused Ramveer has already been enlarged on bail, therefore, the applicant is also entitled to be released on bail on the ground of parity. He next argued that the applicant is in jail since 27.09.2021 and the paragraph no. 15 shows that the applicant has no previous criminal history except the present case. He lastly submits that if the applicant is released on bail, he will not misuse the liberty of bail.
Countering the said submission, learned AGA for the State has opposed the bail and argued that this is not a fit case for bail wherein the applicant should be enlarged on bail. However, the learned A.G.A. has not disputed the facts and the legal submissions as argued by the learned counsel for the applicant.
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 applicant Vedpal @ Bijendra involved in aforesaid crime be released on bail on his 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 applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
(ii). The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii). The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
(iv). 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.
(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 applicant and sureties be verified by the court concerned before the bonds are accepted.
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 :- 21.12.2021/Nisha