The Court allowed a bail application filed by Vinay Mishra. Recognizing jail overcrowding post-pandemic and the applicant's clean criminal record, the Court held him entitled to bail subject to specific conditions regarding trial conduct and witness influence.
Release on bail by furnishing a personal bond and two sureties each in the like amount.
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Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16554 of 2021
Applicant :- Vinay Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Daya Shankar Vishwakarama Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Daya Shankar Vishwakarama, learned counsel for the applicant and Sri Vikas Sahai, learned A.G.A. for the State.
A first information report was lodged as Case Crime No.44 of 2021 at Police Station-Kotwali Nagar, District-Banda under Sections 342, 353, 332, 504, 506, 392, 307, 120-B, 412 IPC.
The bail application of the applicant was rejected by the learned Special Judge (Docoity Affected Area Act)/Additional Sessions Judge, Banda on 16.03.2021. The applicant is in jail since 05.02.2021, pursuant to the said F.I.R.
Shri Daya Shankar Vishwakarama, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant was the driver of the truck in which the main accused, who assaulted the victim was travelling. Moreover, the injuries sustained by the injured are simple in nature and are not life threatening in any manner. Apart from the instant case, the applicant does not have any criminal history. 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.
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- Vinay Mishra involved in Case Crime No.44 of 2021 at Police Station-Kotwali Nagar, District-Banda under Sections 342, 353, 332, 504, 506, 392, 307, 120-B, 412 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.
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 :- 26.11.2021
Ashish Tripathi
3 issues framed by the court
Whether the applicant is entitled to bail considering he has no criminal history and will not abscond.
Whether the current jail overcrowding due to the pandemic warrants granting bail.
Whether special conditions regarding evidence tampering and witness influence should be imposed.
Colour shows how this judgement treated each authority
Supreme Court of India (Suo Motu)Referred¶10
Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons
1 provisions across 1 enactments
Vinay Mishra
State of U.P.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
