High Court
Case Details
Court No. - 79 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6082 of 2022 Applicant :- Monu @ Mannu Opposite Party :- State of U.P. Counsel for Applicant :- J.B. Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
Legal Reasoning
Heard Sri J.B. Singh, learned counsel for the applicant, and Sri Shrawan Kumar Ojha, 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 applicant- Monu @ Mannu for enlarging him on bail in Case Crime No.164 of 2021, under Sections 323, 324, 504, 506, 308 I.P.C, registered at Police Station- Kithor, District- Meerut. The bail application so preferred by the applicant has been rejected by the court below on 25.1.2022. Learned counsel for the applicant has argued that a first information report has been lodged by Smt. Sunita w/o Sanjeev Kumar before P.S. Kithor, District Meerut, being FIR No. 0164 on 10.5.2021 at 12:34 hours in the sections 323, 324, 504, 506 against the applicant and three nominated accused with an allegation that on the unfateful day, i.e, on 8.5.2021, at 6:00 O’clock in the morning, the nominated accused had hurled abuses upon the sons of the complainant being Kushal Kumar and Abhishek and also administered beating with cuddle, iron rod and pointed object. Learned counsel for the applicant has further argued that when the son of the complainant being Kushal Kumar was going to dairy to bring milk, then the applicant and other nominated accused had assembled themselves with pre-determined mind, and administered beating with the help of some pointed object and in the meantime, the second son of the complainant being Abhishek also reached the place of occurrence in order to save Kushal. However, Abhishek was also administered beating, pursuant whereto they received injuries. Learned counsel for the applicant has drawn the attention of this Court towards page 29 being the statement of injured Kushal and further towards page-33 being the statement of injured Abhishek, in order to contend that the allegations are general in nature and no specific role has been assigned to the applicant. Learned counsel for the applicant has further argued that the FIR has been lodged on 10.5.2021, as whereas the incident which is being shown to have occurred is of 8.5.2021. Learned counsel for the applicant has thus sought to contend that he has been falsely implicated in the case in question, as he at no point of time has committed the said offence. Learned counsel for the applicant has further argued that he does not possess any criminal history and in this regard learned counsel for the applicant has referred to paragraph-22 of the bail application and he is languishing in jail since 11.1.2022. If the applicant is released on bail, he will not misuse the liberty of bail, he be enlarged on bail. Countering the said submission, the learned AGA has opposed the bail while arguing that the appliant has committed offence, that’s why his name finds place in the FIR, however, according to the learned A.G.A, as per the version contained in the FIR, an the statement of the injured, general role has been soght to be assigned. Learned A.G.A. has further argued that as per the statement so sought to be made by the applicant he does not possess any criminal history, and he may be released on bail, while he has not received the complete instructions, but if there is any other case pending and the applicant has not been enlarged on bail, then the pendency of the said case may not be construed to be an expression that this Court has observed and held that he stands released on bail in other cases also. Considering the submissions so advanced by the learned counsel for the parties on the question of bail, this Court prima facie finds that this is a fit case for grant of bail, until and unless wanted in any other case, as only general and no specific role has been assigned to the applicant, he does not possess any criminal history and is languishing in jail since 11.1.2022, as also looking into the nature of acquisition, the evidence collected by the I.O, in support of the charge, gravity of offence, nature and severity of the punishment in the case of conviction, complicity of accused and all attending circumstances. 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- Monu @ Mannu 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) Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Any 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 :- 9.3.2022 N.S.Rathour Digitally signed by NIPENDRA SINGH RATHOUR Date: 2022.03.10 09:43:49 IST Reason: Location: High Court of Judicature at Allahabad