Single judge allowed bail to applicant Tarbabu Yadav in an Excise Act and IPC 120B BNS case. Court found merit in submissions regarding false implication and cited jail overcrowding. Applicant released on personal bond and two sureties.
Applicant released on bail on furnishing a personal bond and two sureties each in like amount subject to specific conditions.
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Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8892 of 2021
Applicant :- Tarbabu Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Narendra Nath Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Narendra Nath Tripathi, learned counsel for the applicant and learned AGA for the State.
A first information report was lodged as Case Crime No.06 of 2020 at Police Station-Bankata, DistrictDeoria under Sections 60/63/72 of Excise Act and Section 120B I.P.C.
The bail application of the applicant was rejected by learned Sessions Judge, Deoria, on 22.12.2020.
The applicant is in jail since 26.08.2020, pursuant to the said F.I.R.
Shri Narendra Nath Tripathi, learned counsel for applicant contends that the applicant has been falsely implicated in the instant case. Illicit liquor was recovered from an open field. The recovered liquor was planted on the person of the applicant to frame him in the instant case and to show proficiency of police investigators. There is no independent witness or public witness to the alleged recovery. Learned counsel for the applicant while explaining the criminal history of the applicant contends that the same has no bearing
on the instant case. Learned counsel for the applicant claims congruency in role with co-accused person and seeks parity in relief with the said co-accused namely Sachin Yadav, who has been granted bail by the trial court on 31.10.2020 in first Bail Application No. 1490 of 2020 (Sachin Yadav Vs. State). 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 Anupam Anand, learned brief holder for the State 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 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- Tarbabu Yadav involved in Case Crime No.06 of 2020 at Police Station-Bankata, DistrictDeoria under Sections 60/63/72 of Excise Act and Section 120B 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 :- 26.11.2021 Dhananjai
2 issues framed by the court
Whether the accused is entitled to bail given the allegations of false implication and jail overcrowding during the pandemic?
Whether the applicant is entitled to parity in relief with a co-accused who was already granted bail?
4 provisions across 2 enactments
Tarbabu Yadav
State of U.P.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
