The High Court granted bail to the applicant, Yogesh Kumar, in a cheating case involving IPC sections 420, 413, 414, and 411. The court considered overcrowding due to the pandemic and the nature of the case prima facie suitable for bail, directing the issuance of a personal bond and two sureties.
Release of applicant on bail with personal bond and two sureties
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Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3270 of 2022
Applicant :- Yogesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Sri Sunil Kumar Tiwari, learned counsel for the applicant, and Sri Munne Lal, the learned AGA for the State.
This bail application purported to be under Section 439 of the Cr.P.C. has been moved on behalf of applicant- Yogesh Kumar for enlarging him on bail in Case Crime No.709 of 2021, under Sections 420, 413, 414, 411 IPC, registered at Police StationDibai, District- Bulandshahr.
The bail application so preferred by the applicant has been rejected by the court below on 12.1.2022.
Learned counsel for the applicant has argued that a first information report has been lodged by Vikram Singh against the applicant before P.S. Dibai, District Bulandshahr being FIR no.709 of 2021 on 29.12.2021 at 5.42 hours in the above noted sections regarding commission of offence with an allegation that while police personnel were occupied with the patrolling duty co-accused in two motorcycles were intercepted, they were practising offence of stealing motor-cycles and various keys were recovered. Learned counsel for the applicant has further argued that he has been falsely implicated in the case in question and there was no independent witness therein. Learned counsel for the applicant has further referred to paragraph-7 of the bail application so as to contend that the applicant is student of I.T.I. College to the year 2020-21 from NCBT in Bulandshahr. Learned counsel for the applicant has invited the attention of this Court towards paragraph-14 and 16 so as to contend that he has also been falsely implicated in the Case Crime No.510 of 2020 in which he has no connection whatsoever and he is unnecessarily languishing in jail since 30.12.2021 and in case he is allowed to further continue in jail then his academic career will be jeopardy. If he is enlarged on bail, he will not misuse the liberty, he be enlarged on bail.
Countering the said submissions, the learned AGA has opposed the bail while arguing that offence has been committed by the
applicant, as such he has been prosecuted in the case in question, but he could not dispute the fact that the criminal history has been explained.
Considering the submissions so advanced by the learned counsel for the parties on the question of bail, this Court prima facie finds that this is a fit case for grant of bail, as he has explained the criminal history satisfactorily and the applicant is languishing in jail since 30.12.2021, as also looking into the nature of acquisition, the evidence collected by the I.O, in support of the charge, gravity of offence, nature and severity of the punishment in the case of conviction, complicity of accused and all attending circumstances.
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.
In the light of the aforenoted discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Yogesh Kumar involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
(iv) The applicant shall not directly or indirectly make any 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.
(v) Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Any observations made in granting bail to the applicant shall not in any way affect the learned Trial Judge in forming his independent opinion based on the testimony of the witnesses.
Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicant is placed before the Court, the same would be entertained.
Order Date :- 11.2.2022 piyush
Digitally signed by PIYUSH KUMAR Date: 2022.02.15 17:40:53 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the bail application filed under Section 439 Cr.P.C. under Sections 420, 416 IPC is fit for grant of bail.
Whether the applicant's criminal history and the nature of the charges preclude bail under prevailing circumstances.
Colour shows how this judgement treated each authority
Contagion of COVID 19 Virus in prisonsReferred¶12
Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India
1 provisions across 1 enactments
Yogesh Kumar
State of U.P.
Vikas Budhwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
