Hon'ble Ajay Bhanot, J. allowed the bail application of Vishwajeet Dev @ Visnu accused in a cheating case. The court noted jail overcrowding and the applicant's clean record, releasing him on a personal bond and two sureties.
Applicant released on bail on furnishing a personal bond and two sureties to satisfaction of the court concerned.
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Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44299 of 2021
Applicant :- Vishwajeet Dev @ Visnu Opposite Party :- State of U.P. Counsel for Applicant :- Dinesh Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Dinesh Mishra, learned counsel for the applicant and Sri Ashutosh Pandey, learned brief holder for the State.
A first information report was lodged as Case Crime No. 0340 of 2020 at Police Station-Sarai Akil District-Kaushambi on 15.08.2020 under Section 406 IPC.
The bail application of the applicant was rejected by learned Sessions Judge, Kaushambi on 16.09.2021.
The applicant is in jail since 02.09.2021, pursuant to the said F.I.R.
Shri Dinesh Mishra, learned counsel for applicant contends that the applicant has been falsely implicated in the instant case on account of money dispute between the truck owner and the hirer of the truck. The applicant is a driver who
has no concern with the goods being transported in the truck. The informant and the hirer of the truck have arrived at a compromise. The applicant does not have criminal history apart from this 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.
Sri Ashutosh Pandey, learned brief holder for the State could not satisfactorily dispute the aforesaid submissions from the record. Sri Ashutosh Pandey, learned brief holder for the State does not dispute the fact that the applicant does not have any criminal history apart from this 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 holds 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-Vishwajeet Dev @ Visnu involved in Case Crime No.340 of 2020 at Police Station-Sarai Akil District-Kaushambi under Section 406, 420, 411 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.
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 conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 6.12.2021 Nadeem
1 issue framed by the court
Whether the applicant is entitled to be enlarged on bail given his lack of criminal history and the jail overcrowding during the pandemic.
Colour shows how this judgement treated each authority
Contagion of COVID 19 Virus in prisonsReferred¶12
Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India
3 provisions across 1 enactments
Vishwajeet Dev @ Visnu
State of U.P.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
