Allowed

Naresh @ Kathi v. State of U.P.

Allahabad HC8 Feb 2022BAIL/2891/2022

Case brief

AI extract

What is this about?

Single judge allowed bail to Naresh @ Kathi in a criminal case involving theft and cheating, noting jail overcrowding during the pandemic as a relevant factor without expressing views on the merits of the case.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties subject to standard conditions of accepting the conduct of trial and abiding by court orders.

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

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Court No. - 44

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2891 of 2022

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Applicant :- Naresh @ Kathi Opposite Party :- State of U.P. Counsel for Applicant :- Pawan Singh Pundir,Rahul Singh Tomar

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Counsel for Opposite Party :- G.A.

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Hon'ble Ashwani Kumar Mishra,J.

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Heard learned counsel for the applicant, learned A.G.A. for State and perused the record.

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The present bail application has been filed by the applicant seeking enlargement on bail in Case Crime No. 336 of 2021, under Sections 458, 395, 506, 412 I.P.C., Police Station Doghat, District Baghpat.

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Learned counsel for the applicant contends that the applicant is innocent and has been falsely implicated in the present case and has otherwise not named in the F.I.R. It is submitted that the implication of applicant appears to have surfaced on the strength of statement of co-accused and that the alleged recovery of Rs.3,000/- does not in any manner show the complicity of the applicant in the offence as the amount is otherwise not connected with the theft of Rs.15,000/- as alleged in F.I.R. Submission is that trial is not likely to be concluded shortly on account of Covid-19 pandemic and that the applicant has no other criminal history and applicant undertakes that he will not misuse the liberty of bail and will cooperate in the conduct of trial. The applicant is in jail since 30.10.2021.

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Learned A.G.A. opposes 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 application on behalf of accused person.

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Upon hearing learned counsel for the parties, perusal of record, severity of punishment, totality of facts and circumstances, at this stage without expressing any view on the merits of the case, the Court is of the opinion that it is a fit case for bail.

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Let the applicant Naresh @ Kathi be released on bail in the aforesaid case crime on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) The applicant will not tamper with prosecution evidence.

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(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Accordingly, the instant bail application is allowed.

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Order Date :- 8.2.2022 Ashok Kr.

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Digitally signed by ASHOK KUMAR Date: 2022.02.09 14:44:38 IST Reason: Location: High Court of Judicature at Allahabad

Naresh @ Kathi v. State of U.P.

Case brief

What is this about?

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Naresh @ Kathi v. State of U.P.

Case brief

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