court granted bail to Dinesh Chandra in a case involving Sections 307, 504, and 506 IPC, acknowledging jail overcrowding during the pandemic and finding merit in the applicant's submissions regarding lack of injury to the victim.
Applicant released on bail on furnishing a personal bond and two sureties each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41350 of 2021
Applicant :- Dinesh Chandra Opposite Party :- State of U.P. Counsel for Applicant :- Mool Chandra Maurya,Rajeev Kumar Singh Parmar Counsel for Opposite Party :- G.A.,Sushil Kumar Pal
Hon'ble Ajay Bhanot,J.
Heard Shri Mool Chandra Maurya, learned counsel for the applicant, Sri Sushil Kumar Pal, learned counsel for the informant and Sri Ashutosh Pandey, learned brief holder for the State.
A first information report was lodged as Case Crime No.0334 of 2021 at Police Station-Jaithara District- Etah under Sections 307, 504, 506 IPC.
The bail application of the applicant was rejected by learned Sessions Judge,Etah on 15.09.2021.
The applicant is in jail since29.08.2021 , pursuant to the said F.I.R.
Shri Mool Chandra Maurya, learned counsel for the applicant contend that the applicant has been falsely implicated in the instant case. No one has sustained any injury in the incident. The alleged victim in his statement under Section 161 Cr.P.C. has also stated that he has not sustained any injuries. Learned counsel for the applicant has explained the criminal history of the applicant and further contends that the same has 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.
Learned brief holder could not satisfactorily dispute the aforesaid submissions from the record. However, learned brief holder points out that criminal history of one case has not been disclosed in the bail application. Rejoining the issue, learned counsel for the applicant contends that the aforesaid case has no bearing on the instant case.
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-Dinesh Chandra involved in Case Crime No.334 of 2021 at Police StationJaithara District- Etah under Sections 307, 504, 506 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 :- 10.12.2021 Nadeem
Dinesh Chandra
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
