The Allahabad High Court granted anticipatory bail to Deepak in a criminal case alleging murder, cheating, and other offences arising from a family dispute, noting jail overcrowding due to the pandemic as a factor.
Anticipatory bail granted till submission of chargesheet on furnishing a personal bond with 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. - 79
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 510 of 2022 Applicant :- Deepak Opposite Party :- State Of U.P And Another Counsel for Applicant :- Rakesh Kuamr Yadav,Mandvi Tripathi,Santosh Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Smt. Mandvi Tripathi, learned counsel for the applicant and learned AGA for the State.
The applicant has moved the instant anticipatory bail application as he apprehends arrest in Case Crime No. 0341 of 2021, under Sections 452, 323, 307, 506, 427 IPC, Police Station Khekara, District Baghpat.
Smt. Mandvi Tripathi, learned counsel for the applicant contends that the criminal case arises out of a family dispute. The applicant is not involved in the dispute. The applicant was discharging his official duties in the railway department at the time and date of the incident. The applicant has no claim to the property of the informant. The role of the applicant is completely distinguishable from all other co-accused.
Shri I.P. Srivastava, learned AGAand Sri Anurag Yadav, learned counsel for the informant could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not contest the criminal history of the applicant as disclosed in the anticipatory bail application.
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 anticipatory bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the anticipatory bail application is allowed.
The applicant- Deepak is granted anticipatory bail in Case Crime No. 0341 of 2021, under Sections 452, 323, 307, 506, 427 IPC, Police Station Khekara, District Baghpat, till the submission of chargesheet, on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) the applicant shall attend the court proceedings as and when required;
(ii) the applicant shall not directly or indirectly make any inducement, threat or promise or 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.
(iii) the applicant shall not leave India without the previous permission of the court.
In case of breach of any of the above conditions, the
prosecution shall be at liberty to move an application for cancellation of anticipatory bail before this Court.
In case any false facts have been stated on behalf of the applicant or material facts have been suppressed, the State or any concerned party may file an application for recall of this order.
The applicant is directed to produce a copy of this order before the S.S.P./S.P. who shall ensure the compliance of present order.
Order Date :- 15.2.2022 Pravin
Digitally signed by PRAVIN VERMA Date: 2022.02.17 18:03:56 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to anticipatory bail in an alleged criminal case arising from a family dispute?
Whether COVID-19 jail overcrowding circumstances warrant granting anticipatory bail in this case?
Colour shows how this judgement treated each authority
Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisonsReferred¶9
2 provisions across 2 enactments
Deepak
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
