The High Court allowed bail to the accused Bhagwan Sahay in a case under Sections 364 and 201 IPC, citing lack of criminal history and jail overcrowding during the pandemic, imposing standard conditions.
The applicant Bhagwan Sahay is to be released on bail by furnishing a personal bond and two sureties.
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Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34813 of 2021
Applicant :- Bhagwan Sahay Opposite Party :- State of U.P. Counsel for Applicant :- Arun Kumar Pal,Bhupendra Pal Singh,Satyawati,Yadvendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Sri Bhupendra Pal Singh, learned counsel for the applicant and Sri Nafees Ahmad, learned AGA for the State.
A first information report was lodged as Case Crime No. 0216 of 2020 at Police StationHarduaganj- District Aligarh on 25.08.2020 under Sections 364, 120-B IPC.
The bail application of the applicant was rejected by learned Additional District and Sessions Judge, Court No.1, Aligarh on 30.07.2021.
The applicant is in jail since 16.02.2021, pursuant to the said F.I.R.
Sri Bhupendra Pal Singh, learned counsel for the applicant contends that the applicant has been
falsely implicated in the instant case. The applicant was not named in the FIR. The name of applicant surfaced for the first time after four months after the lodgement of the FIR and six months after the incident. The implication of the applicant was clearly an afterthought. Applicant does not have criminal history apart from this case. Lastly it is submitted by Sri Bhupendra Pal Singh, 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.
Sri Nafees Ahmad, 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 Sri Bhupendra Pal Singh, learned counsel for the applicant and accordingly 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- Bhagwan Sahay be released on bail in Case Crime No. 216 of 2020 at Police Station-Harduaganj- District Aligarh under Sections 364, 201 IPC, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly
make 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.
In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 27.11.2021 Nadeem
1 issue framed by the court
Whether the applicant is entitled to bail considering false implication and jail overcrowding during the pandemic.
Colour shows how this judgement treated each authority
Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of IndiaReferred¶12
Bhagwan Sahay
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
