Ram Niwas Vs State of U.P. — Allahabad HC (2022) — LawSathi Research

Ram Niwas Vs State of U.P. — Allahabad HC (2022) — LawSathi Research

What the court decided

AI extract

Outcome

Bail allowed: applicant Ram Niwas to be released on bail in the aforesaid case crime on furnishing a personal bond and two sureties each in the like amount, subject to conditions that he will not tamper with prosecution evidence, will abide by court orders and attend every date without delaying trial, will not indulge in unlawful activities, and will not misuse the liberty of bail; identity, status and residential proof of sureties to be verified by the court concerned, with liberty to cancel bail on breach of any condition.

Issue for consideration

Whether the applicant Ram Niwas, accused in Case No. 3823 of 2005 arising out of Crime No. 130 of 1989 (Sections 147, 352, 353, 427, 504, 506 I.P.C., P.S. Khair, District Aligarh), is entitled to be enlarged on bail.

Court's answer

Without expressing any view on the merits of the case, and taking into account the severity of punishment and the totality of facts and circumstances, the Court found it a fit case for bail at this stage.

Ratio / Principle

The applicant was to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the magistrate/court concerned, subject to enumerated conditions.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Ashwani Kumar Mishra, J.) allowed Criminal Misc. Bail Application No. 4382 of 2022 filed by Ram Niwas, a Veterinary Doctor, seeking bail in Case No. 3823 of 2005 arising out of Crime No. 130 of 1989 under Sections 147, 352, 353, 427, 504, 506 I.P.C., P.S. Khair, District Aligarh. The F.I.R. was of 1989; bail had earlier been granted by the police station as the offence was bailable; the applicant, unaware of the filing of the charge sheet, stood declared absconder and was in custody since 02.01.2022. Without expressing any view on the merits, and factoring in pandemic-related overcrowding of jails (with reference to Suo Motu Writ Petition (C) No. 1/2020, Contagion of COVID 19 Virus in prisons, SC), the Court held it a fit case for bail: release on a personal bond and two sureties in the like amount, subject to four conditions (no tampering with evidence, attendance and no delay of trial, no unlawful activities, no misuse of bail liberty); surety identity, status and residence to be verified by the court concerned, which retained liberty to cancel bail on breach. Order dated 15.2.2022.

Court No. - 44

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4382 of 2022

Applicant :- Ram Niwas Opposite Party :- State of U.P. Counsel for Applicant :- Shivendra Raj Singhal Counsel for Opposite Party :- G.A.

Hon'ble Ashwani Kumar Mishra,J.

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

The present bail application has been filed by the applicant seeking enlargement on bail in Case No. 3823 of 2005 arising out of Crime No. 130 of 1989, under Sections 147, 352, 353, 427, 504, 506 I.P.C., Police Station Khair, District Aligarh.

Contention is that the applicant is a Veterinary Doctor, who has been falsely implicated in the present case. It is also submitted that the F.I.R. is of the year 1989 in respect of an incident caused during dead of night in respect of which bail was granted by the police station concerned as the offence itself was bailable. Submission is that the applicant was not aware of filing of the charge sheet and he has been declared absconder. It is further argued that the applicant has no other criminal history and that the trial is not likely to be concluded shortly on account of Covid-19 pandemic and that the 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 02.01.2022.

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

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.

Let the applicant Ram Niwas 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:-

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

(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.

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

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

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.

Accordingly, the instant bail application is allowed.

Order Date :- 15.2.2022 Ashok Kr.

Digitally signed by ASHOK KUMAR Date: 2022.02.16 10:50:57 IST Reason: Location: High Court of Judicature at Allahabad