Allowed

Veeri Singh and Another v. State of U.P.

Allahabad HC8 Mar 2022BAIL/8464/2022

Case brief

AI extract

What is this about?

This court allowed a bail application under Section 439 Cr.P.C. for applicants charged with mining-related offences and assault on police. Granting bail was based on general FIR allegations, lack of criminal history, jail overcrowding, and pandemic conditions, subject to standard conditions.

What did the court decide?

Application allowed; applicants ordered to be released on bail upon furnishing personal bond and two sureties each.

Veeri Singh and Another Vs State of U.P. — Corruption | Allahabad HC (2022)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8464 of 2022

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Applicant :- Veeri Singh And Another Opposite Party :- State of U.P. Counsel for Applicant :- Mithilesh Kumar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Vikas Budhwar,J.

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Heard Mr. Mithilesh Kumar Shukla, learned counsel for the applicants as well as Mr. Sravan Kumar Ojha, learned A.G.A. who appears for the State of U.P. and perused the record.

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This bail application purported to be under Section 439 of the Cr.P.C. has been filed on behalf of applicants Veeri Singh & Ravind for enlarging them on bail in connection with Case Crime No. 02 of 2022 of 2022, under Sections 147, 148, 149, 307, 323, 336, 353 & 504 I.P.C. and Section 7 of Criminal Law Amendment Act, registered at Police Station- Pinahat, DistrictAgra.

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The bail application so preferred by the applicants has been rejected by the court below on 28.01.2022.

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Learned counsel for the applicants has argued that a first information report has been lodged by Sub-Inspector Amit Kumar before the aforesaid police station in the above noted sections on 02.01.2022 against the applicants and 15 other as well as 3/4 unknown accused persons with an allegation that on said unfaithful day when the police personnel in the normal discharging of duty, which is interested to them, were patrolling then illegal activity of mining was being sought to be undertaken and when police personnel came there and stiff resistance was being made and even in fact the accused persons along with the unknown persons attacked the police personnel on account of which the police personnel sustained grievous injuries. Learned counsel for the applicants has thus sought to argue that the allegations contained in the first information report are general in nature and no specific allegation has been said forth in the FIR. Learned counsel has further argued that the applicants have falsely been implicated in the present and he has referred to para 17 of the bail application so as to contend that the applicants do not possess any criminal history and they are unnecessarily languishing in jail since 11.1.2022.

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Countering the said submissions, learned AGA has opposed the

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prayer for bail while arguing that offence has been committed by the applicants and that is why they have been pin pointed and named in the FIR and grievous injury sought to be sustained. However, he could not dispute the fact that general allegations have been sought to be levelled and applicants do not possess criminal history.

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Considering the submissions so advanced by the learned counsel for the parties on the question of bail, this Court prima facie finds that this is a fit case for grant of bail, particularly the fact that only general allegations have sought to be levelled and the applicants do not possess any criminal history and they are unnecessarily languishing in jail since 11.1.2022, as also looking into the nature of 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.

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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.

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In the light of the aforenoted discussion and without making any observations on the merits of the case, the bail application is allowed .

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Let the applicants- Veeri Singh & Ravind 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 :-

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i) The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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(ii) The applicants shall cooperate in the trial sincerely without seeking any adjournment.

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(iii) The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.

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(iv) The applicants 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.

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(v) Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Any observations made in granting bail to the applicants shall not in any way affect the learned Trial Judge in forming his independent opinion based on the testimony of the witnesses.

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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.

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Order Date :- 8.3.2022 CS/-

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Digitally signed by CHANDAN SINGH Date: 2022.03.10 15:25:28 IST Reason: Location: High Court of Judicature at Allahabad

Veeri Singh and Another v. State of U.P.

Case brief

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Veeri Singh and Another v. State of U.P.

Case brief

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