Single judge criminal miscellaneous bail application allowed. Court granted bail noting applicant was not named in FIR and co-accused bailed, considering nature of offence and jail overcrowding due to pandemic.
Grant of bail with personal bond and two sureties subject to standard conditions of bail under Section 439 CrPC.
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Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46549 of 2021
Applicant :- Awadhesh Agrawal Opposite Party :- State of U.P. Counsel for Applicant :- Vinod Singh Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Sri Vinod Singh, learned counsel for the applicant, and Sri Munne Lal, learned AGA for the State.
This bail application purported to be under Section 439 of the Cr.P.C. has been moved for seeking bail in Case Crime No. 1599 of 2021 under Sections 395, 412 I.P.C. registered at Police Station- Kotwali Dehat, District Bulandshahar.
The bail application of the applicant has been rejected by the court below, on 12.10.2021.
The learned counsel for the applicant has argued that the FIR has been lodged before Police Station Kotwali Dehat, Bulandshahar being FIR No. 1599 on 21.08.2021 at 13:09 hours u/s 379 IPC against the unknown person with the allegation that the accused had stolen the truck containing various articles. He further argued that on 28.08.2021 the FIR was lodged against the applicant and six others being case crime no. 1608 of 2021 u/s 307/34 IPC in which he has been bailed out by the court below on 27.09.2021 in Bail Application No. 3903 of 2021. He further submitted that the applicant has been falsely implicated in the present case as he at no point of time committed the said offence and further that the applicant is not named in the FIR. He next argued that the co-accused being Arjun Nagar @ Araju, Akram and Amit Sharma @ Amit Pandit have been bailed out by coordinate bench of this court in Crl. Misc. Bail Application Nos. 47204/2021, 47222/2021 and 47654/2021 vide orders dated 13.12.2021, 22.12.2021 and 11.11.2021 respectively, therefore the applicant is also entitled to be enlarged on bail on the ground of parity. He lastly submitted that the applicant is languishing in jail since 28.08.2021.
Countering the said submission learned AGA for the State has opposed the bail, but he could not dispute the fact that the applicant is not named in the FIR and the co-accused have been enlarged on bail.
Considering the submission so advanced by the learned counsel for the parties, on the question of bail, prima facie this Court finds that this is a fit case for grant of bail as the applicant is not named in the FIR and the co-accused have been bailed out and looking into the nature of the 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 Awadhesh Agrawal 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). In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
(vi). Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
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 Nisha
Digitally signed by NISHA KUMARI Date: 2022.02.23 13:33:21 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail should be granted to the applicant under Section 439 CrPC given he is not named in the FIR and co-accused have been bailed.
Colour shows how this judgement treated each authority
Contagion of COVID 19 Virus in prisons before the Supreme Court of IndiaDistinguished¶11
Suo Motu Writ Petition (c) No. 1/2020
1 provisions across 1 enactments
Awadhesh Agrawal
Vikas Budhwar
Nisha Kumari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
