Single-judge bail application allowed. Court granted bail to applicant Durveen in a theft and criminal breach of trust case, noting overcrowding concerns due to the pandemic and lacking detailed merits at the stage of bail.
Released on bail on furnishing a personal bond and two sureties with conditions against tampering with evidence and unlawful activities.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47296 of 2021
Applicant :- Durveen Opposite Party :- State of U.P. Counsel for Applicant :- Vipin Kumar 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 Crime No.649 of 2021, under Sections 380, 457, 411 I.P.C., Police Station Kotwali Nagar, District Etah.
Learned counsel for the applicant contends that the applicant has been falsely implicated in the present case. It is stated that once the applicant was arrested in Case Crime No.284 of 2021, various other false accusations were made against him and he was shown as accused in Case Crime No.649 of 2021 and 651 of 2021. It is also stated that applicant has already been bailed out in Case Crime No.284 of 2021 in which he was arrested and in Case Crime No.651 of 2021 also, he has been enlarged on bail on 07.02.2021, wherein also the allegation was with regard to the recovery of stolen battery. It is submitted that applicant has already been enlarged on bail and the criminal history has been duly explained in paragraph -21 of the affidavit. It is next submitted that most of the cases are planted after applicant's arrest in Case Crime No.284 of 2021. As such, he is entitled to grant bail, particularly as he is languishing in jail since 03.08.2021 and the trial is not likely to conclude shortly on account of Covid-19 pandemic.
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 applications on behalf of accused persons.
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- Durveen 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 :- 11.2.2022 Saif
Digitally signed by SHAIKH SAIF ABDIN Date: 2022.02.15 10:30:58 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail in a case involving offences under Sections 380, 457, and 411 IPC.
Durveen
Ashwani Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
