High Court
Case Details
Court No. - 92 1 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40688 of 2021 Applicant :- Nadeem Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. Heard Sri Ajay Kumar Mishra, learned counsel for the applicant and Sri Munne Lal 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 Nadeem for seeking bail in Case Crime No. 230 of 2021 under Section 307 I.P.C. registered at Police Station- Hasanpur, District-Amroha. The bail application of the applicant has been rejected by the court below, on 2.9.2021.
Facts
Learned counsel for the applicant has argued that a first information report has been lodged by Sanjay Tomar before Police Station-Hasanpur, District-Amroha being FIR No.230 on 4.6.2021 at 10.57 hours under Section 307 IPC with an allegation that the applicant indulge in gun fire pursuant whereof injuries were sustained by Sub-Inspector Kapil. He has referred to page 21 of the paper book so as to contend that in the medico legal injury report, injuries have been sought to be shown. However, a supplementary report has also been submitted which is page 23 of the bail application wherein it was found that injury was simple in nature. He has further argued that he has been falsely implicated in the case in question as it is a implanted story sought to be cooked up by the prosecution. He has further drawn the attention of the Court towards supplementary affidavit dated 8.11.2021 being paragraph 2 of the same so as to contend that there are 12 cases shown to be pending against the applicant. For ready reference, the details of the criminal history of the applicant is recapitulated in a tabular form as under:- Sl. No. Case Crime Sections No. (I.P.C.) Bail Application No. Order Date Annexed at page in bail application Annexed at page in S.A. 2 1. 107/2019 3/5/8 Cow Slaughter Act and 11 Animal Cruelty Act 51933/2019 05/12/19 2. 3. 4. 5. 6. 7. 8. 9. 108/2019 420/467/468/471 IPC 52290/2019 02/12/19 263/2019 307 IPC 40347/2019 27.9.2019 265/2019 3/25 Arms Act 48/2019 (Bailed out) 3/5/8 Cow Slaughter Act and 11 Animal Cruelty Act 1341/2019 30.8.2019 118/2019 307/427 IPC 1339/2019 30.8.2019 119/2019 3/5/8 Cow Slaughter Act and 11 Animal Cruelty Act 1340/2019 30.8.2019 69/2021 406/506 IPC 933/2021 02/07/21 207/2021 10. 210/2021 934/2021 02/07/21 Bailed out 3/5/8 Cow Slaughter Act and 11 Animal Cruelty Act 3/5/8 Cow Slaughter Act and 11 Animal Cruelty Act 11. 230/2021 307 IPC Pending in High Court 12. 231/2021 3/25 Arms Act
Legal Reasoning
parties on the question of bail, prima facie this Court finds that this is a fit case for grant of bail, that the applicant has properly explained the criminal history, the co-accused has been enlarged on bail and applicant is languishing in jail since 4.6.2021, 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 Nadeem 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. 4 (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 applicants shall not in any way affect the learned Trial Judge in forming his independent opinion based on the testimony of the witnesses. Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicant is placed before the Court, the same would be entertained. Order Date :- 9.2.2022 piyush Digitally signed by PIYUSH KUMAR Date: 2022.02.10 18:17:29 IST Reason: Location: High Court of Judicature at Allahabad
Arguments
Learned counsel for the applicant has further argued that the applicant is 7 10 13 15 17 19 21 23 3 languishing in jail since 4.6.2021. He has further argued that co-accused have been granted bail on 8.10.2021 in Criminal Misc. Bail Application No.35832 of 2021. Therefore, the applicant is also entitled to be released on bail on the ground of parity. He has further submitted that if the applicant is released on bail, he will not misuse the liberty of bail, he be enlarged on bail. Countering the said submissions learned AGA for the State has opposed the bail while arguing that the applicant has committed offence and that is why the criminal proceedings have been initiated. However, learned AGA could not dispute the fact with relation to criminal history so explained by him and further that the applicant is languishing in jail since 4.6.2021. Considering the submissions so advanced by the learned counsel for the