In a criminal bail application, the High Court allowed the applicant's bail under Sections 3 and 4 of the Code of Criminal Procedure, finding merit in submissions of false implication and ensuring bail conditions were imposed.
The applicant was released on bail upon furnishing a personal bond and two sureties.
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. - 43462 of 2021
Applicant :- Shiva @ Shashank Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Dutt Awasthi Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Sri Krishna Dutt Awasthi, learned counsel for the applicant and Sri Nafees Ahmad, learned AGA for the State.
A first information report was lodged as Case Crime No. 1047 of 2018 at Police StationAuraiya District-Auraiya on 02.11.2018 under Sections 41, 102 Cr.P.C and Section 411 IPC.
The bail application of the applicant was rejected by learned Additional Sessions Judge/ Special Judge/ FTC, Court No. 2, Auraiya.
The applicant is in jail since 19.08.2021 pursuant to the said F.I.R.
Sri Krishna Dutt Awasthi, 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. Role of snatching the mobiles has been assigned to coaccused Shani and Yogendra Awasthi who have been enlarged on bail by this Court by orders dated 26.02.2019 and 15.03.2019 rendered in Criminal Misc. Bail Application No. 8442 of 2019 and Criminal Misc. Bail Application No. 11533 of 2019. Sri Krishna Dutt Awasthi, learned counsel for the applicant contends that though the case of applicant stands on better footing than the said co-accused Shani and Yogendra Awasthi but claims parity in relief with the said co-accused. The applicant does not have criminal history apart from this case. Lastly it is submitted by Sri Krishna Dutt Awasthi, 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 Krishna Dutt Awasthi, 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- Shiva @ Shashank be released on bail in Case Crime No. 1047 of 2018 at Police Station- Kotwali Auraiya District-Auraiya under Sections 413, 414 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 in a case involving alleged theft where he was not named in the FIR.
Shiva @ Shashank
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
