This court allowed the bail application of Gurdeep, an accused in a murder, attempt to murder, and intimidation case. The court found merit in the applicant's plea of false implication and lack of criminal history, granting bail with standard conditions.
Applicant enlarged on bail on personal bond and two sureties to satisfaction of the court below.
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. BAIL APPLICATION No. - 1095 of 2022
Applicant :- Gurdeep Opposite Party :- State of U.P. Counsel for Applicant :- Vikrant Rana Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Vikrant Rana, learned counsel for the applicant and learned AGA for the State through video conferencing mode.
A first information report was lodged against the applicant as Case Crime No. 166 of 2019 at Police Station Mirapur District Muzaffarnagar under Sections 302, 307 and 506 I.P.C.
The bail application of the applicant was rejected by learned Additional District and Sessions Judge, Muzaffar Nagar on 24.12.2021.
The applicant is in jail since 04.12.2021 pursuant to the said F.I.R.
Shri Vikrant Rana, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. As per the F.I.R., the principal offender is one Manish who fired the fatal gunshot which caused the death of the deceased. During the course of the investigation, no credible evidence against the applicant was found and hence he was not chargesheeted by the police authorities. The applicant
was subsequently summoned under Section 319 Cr.P.C. The applicant undertakes to cooperate in the trial proceedings. Learned counsel for the applicant claims congruency in role and seeks parity in relief granted to the co-accused namely Shiv Kumar who has been enlarged on bail by this Court by order dated 02.01.2020 in Criminal Misc. Bail Application No. 57256 of 2019. Learned counsel for the applicant contends that the applicant does not have any 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.
Shri Nafees Ahmad, learned AGA for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA 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 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- Gurdeep be released on bail in Case Crime No. 166 of 2019 at Police Station Mirapur District Muzaffarnagar under Sections 302, 307 and 506 I.P.C., on 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 :- 2.2.2022 Dhananjai
3 issues framed by the court
Whether bail should be granted to the applicant who claims false implication and lack of criminal history.
Whether relief granted to co-accused Shiv Kumar warrants parity for the applicant.
Whether jail overcrowding and pandemic conditions factor into the bail consideration.
Colour shows how this judgement treated each authority
Contagion of COVID 19 Virus in prisonsReferred¶12
Suo Motu Writ Petition (c) No. 1/2020
Order dated 02.01.2020Referred¶10
Criminal Misc. Bail Application No. 57256 of 2019
2 provisions across 2 enactments
Gurdeep
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Ajay Bhanot
Parties & counsel
