Allowed

Gabbar @ Hrithik @ Subham Prajapati v. State of U.P.

Allahabad HC15 Feb 2022BAIL/4681/2022

Case brief

AI extract

What is this about?

In a bail application under Section 439 CrPC in a murder case, the High Court allowed the applicant's bail after observing jail overcrowding during the pandemic, noting the applicant's lack of criminal history and minor attributed role compared to other accused on bail.

What did the court decide?

Applicant released on bail on personal bond and two sureties in the like amount on furnishing of security.

Gabbar @ Hrithik @ Subham Prajapati Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4681 of 2022

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Applicant :- Gabbar @ Hrithik @ Subham Prajapati Opposite Party :- State of U.P. Counsel for Applicant :- Bipin Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Heard Shri Bipin Kumar Tripathi, learned counsel for the applicant, Shri Nafees Ahmad, learned AGA for the State and Shri Rahul Kumar Shukla, learned counsel for the informant.

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A first information report was lodged against the applicant as Case Crime No.175 of 2020 at Police Station-Rani Ki Sarai, District-Azamgarh under Sections 147, 149, 302, 34 IPC and Section 7 of the Criminal Law Amendment Act.

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The bail application of the applicant was rejected by learned Sessions Judge, Azamgarh on 22.03.2021.

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The applicant is in jail since 01.12.2020, pursuant to the said F.I.R.

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Shri Bipin Kumar Tripathi, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The accused died on account of a firearm injuries sustained by him during the incident. The applicant has not been identified as among the principal offenders who

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shot the deceased dead or inflicted any grievous injury. Only role attributed to the applicant is a general and vague of one kicking and boxing the deceased. No serious injury resulted from such acts. The offenders, who had caused the firearm injuries have also been enlarged on bail by this Court rendered on 11.01.2022 and 13.01.2022 in Criminal Misc. Bail Application No.33667 of 2021 and Criminal Misc. Bail Application No.36879 of 2021 respectively. The case of the applicant stands on a better footing than the offenders. Apart from the instant case the applicant does not have any criminal history. Lastly it is submitted by 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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Learned AGA for the State as well as Shri Rahul Kumar Shukla, learned counsel for the informant could not satisfactorily dispute the aforesaid submissions from the record. They, however, do not dispute the fact that the applicant does not have any criminal history apart from the instant case. Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.:

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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-Gabbar alias Hrithik alias Subham Prajapati be released on bail in Case Crime No.175 of 2020 at Police Station-Rani Ki Sarai, District-Azamgarh under Sections 147, 148, 149, 302, 504 IPC and Section 7 of the Criminal Law Amendment Act, on his furnishing a personal bond and two sureties each in the like amount 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. (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. Order Date :- 15.2.2022 Ashish Tripathi

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Digitally signed by ASHISH NAYAN TRIPATHI Date: 2022.02.17 17:59:49 IST Reason: Location: High Court of Judicature at Allahabad

Gabbar @ Hrithik @ Subham Prajapati v. State of U.P.

Case brief

What is this about?

What did the court decide?

Gabbar @ Hrithik @ Subham Prajapati v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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