Mahesh v. State of U.P.

Court No. - 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5045 of 2022

Applicant :- Mahesh Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Kumar Counsel for Opposite Party :- G.A.

Hon'ble Subhash Vidyarthi,J.

Heard Sri Neeraj Srivastava, Advocate holding brief of Sri Ramesh Kumar, learned counsel for the applicant, Shri Dinesh Kumar Srivastava, learned AGA appearing for the State and perused the material on record.

The present bail application has been filed by the applicant with a prayer to enlarge him on bail in S.T. No. 753 of 2018 in the Court of Additional Sessions Judge, Court No.17, Agra arsing out of Crime No.91 of 2018 under Sections 307, 379, 411 IPC and under Sections 27, 29,50, 51 of Wild Protection Act and under Sections 26 (Chha), 52Ka, Indian Forest Act, Police Station Mansukhpur, District Agra.

The contention of the learned counsel for the applicant is that the applicant preferred a bail application before the learned Sessions Judge Agra in the aforesaid case, bearing Bail No. 5671 of 2018 (Mahesh vs. State of U.P.) and he was granted bail vide order dated 08.10.2018 passed by the learned Sessions Judge, Agra.

It is submitted that the applicant was attending the proceedings of the case diligently. However, due to spread of Covid-19, a countrywide lockdown was imposed and after that the proceeding started virtually. It is contended that the applicant is an illiterate person and he was not aware of the proceeding conducted virtually and, therefore, he could not present himself in the proceedings before the Trial Court. In view of his absence due to spread of Covid-19, the learned Trial Court issued a nonbailable warrant on 02.02.2021. The applicant in pursuance thereof surrendered before the court below on 16.12.2021. His application for grant of bail has been rejected by the court below by means of an order dated 11.01.2022.