In a bail application, the Court allowed the release of the applicant on injunction bail, noting a compromise in the civil dispute and citing jail overcrowding, without expressing an opinion on the merits of the case.
Released on bail by furnishing a personal bond and two sureties in the like amount.
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Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25294 of 2021
Applicant :- Sachin Alias Sonu Gainda Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Verma Counsel for Opposite Party :- G.A.,Akshay Pratap,Deepak Dubey
Hon'ble Ajay Bhanot,J.
Heard Shri Anil Kumar Verma, learned counsel for the applicant and Shri Akshay Pratap, learned counsel for the informant and learned A.G.A. for the State.
A first information report was lodged against the applicant as Case Crime No. 464 of 2017 (Criminal Case No. 2086 of 2018) at Police Station-Sipri Bazar, District-Jhansi under Sections 420, 406, 452, 504, 506 I.P.C.
The bail application of the applicant was rejected by learned Sessions Judge, Jhansi on 24.05.2021.
The applicant is in jail since 08.01.2021 pursuant to the said F.I.R.
Shri Anil Kumar Verma, learned counsel for the applicant and Shri Akshay Pratap, learned counsel for the informant jointly contend that the instant criminal proceedings arise out of a civil dispute and the parties have arrived at a compromise. There is no good cause for further incarceration of the applicant. Learned counsel for the applicant has explained the criminal
history of the applicant and further contends that same have no bearing on the instant case. 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.
Shri Nafees Ahmad, learned AGA could not satisfactorily refute the aforesaid submissions. Learned AGA does not contest the criminal history of the applicant as disclosed in the bail application.
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.
Considering the aforesaid submissions, without expressing any opinion on merits of the case, I am of of the view 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- Sachin Alias Sonu Gainda involved in Criminal Case No. 2086 of 2018 arising out Case Crime No. 464 of 2017 at Police Station-Sipri Bazar, District-
Jhansi under Sections 420, 406, 452, 504, 506 I.P.C 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 :- 8.12.2021 Dhananjai
3 issues framed by the court
Whether bail should be granted to the applicant in light of a compromise in the underlying civil dispute and pandemic-related jail overcrowding.
Whether the applicant satisfies the requirements to be released on bail subject to standard conditions.
Whether to allow bail without expressing an opinion on the merits of the criminal case.
1 provisions across 1 enactments
Sachin Alias Sonu Gainda
State of U.P.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
