Allowed

Joheb @ Joeb v. State of U.P.

Allahabad HC5 Apr 2022BAIL/13561/2022

Case brief

AI extract

What is this about?

This court disposed of a bail application filed by Joheb @ Joeb in Case Crime No. 73 of 2021. Considering overcrowding due to the pandemic and lack of forensic evidence, the court allowed bail with specific conditions including furnishing a bond and sureties.

What did the court decide?

Applicant released on bail on furnishing a personal bond and two sureties each in like amount to the satisfaction of the court below.

Joheb @ Joeb Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13561 of 2022

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Applicant :- Joheb @ Joeb Opposite Party :- State of U.P. Counsel for Applicant :- Sudhir Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 73 of 2021 at Police Station- Ujhani, District- Budaun under Sections 399, 402, I.P.C. The applicant is in jail since 25.02.2021.

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The bail application of the applicant was rejected by learned Incharge Additional Sessions Judge/Special Judge (D.A.A. Act), Budaun, on 20.05.2021.

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Shri Sudhir Kumar, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. One coin and a knife has been shown as recovered from the applicant. Recovered items were planted on the person of the applicant to frame him in the instant case to show proficiency of the police investigators. There is no independent witness to the alleged recovery. No forensic science laboratory report which establishes that the recovered coin was made of any precious metal has been produced by the prosecution. Prosecution evidence does not connect the applicant with the offence. Learned counsel for the applicant has explained the criminal history of the applicant and contends that the

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same has no bearing on the instant 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.

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Shri Paritosh Kumar Malviya, learned AGA for the State 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 bail application.

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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.

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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.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Joheb @ Joeb be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount

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to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(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.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 5.4.2022 Pravin

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Digitally signed by PRAVIN VERMA Date: 2022.04.06 12:59:04 IST Reason: Location: High Court of Judicature at Allahabad

Joheb @ Joeb v. State of U.P.

Case brief

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Joheb @ Joeb v. State of U.P.

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