In cases where the maximum punishment for the offenses charged is three years or less, and the accused has been in jail for a significant period of time, and has a history of being acquitted or being on bail in other criminal cases, the court may consider releasing the accused on bail.

Court No. - 84

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53345

of 2022

Applicant :- Gulshan Singh Yadav @ Gulab Yadav

Opposite Party :- State of U.P.

Counsel for Applicant :- G.S. Chauhan

Counsel for Opposite Party :- G.A.

Hon'ble Sameer Jain,J.

Heard Sri G.S. Chauhan, learned counsel for the applicant and

Sri Ravi Kant Kushwaha, learned AGA for the State.

The instant application has been filed seeking release of the

applicant on bail in Case Crime No.218 of 2022, under

Sections 353, 447, 506 IPC, 2/3 Prevention of Damage to

Public Property Act and Section 3/7 Criminal Law Amendment

Act, Police Station Sipri Bazar, District Jhansi during pendency

of the trial in the court below.

According to the FIR, applicant possessed the public land by

illegal encroachment.

Learned counsel for the applicant submitted that entire

allegation made against the applicant is totally false and

baseless and applicant neither made any encroachment over the

public land nor possess the same. He further submitted that all

the offences, in which, applicant has been made accused, the

maximum punishment is three years and applicant is in jail

since 14.06.2022. He further submitted that earlier also

applicant has been implicated in as many as 30 criminal cases

out of which in 10 cases are under Section 110 Cr.P.C. or Gunda

Act and in almost 12-13 cases he has been acquitted and in

remaining cases he is on bail.

Per contra, learned AGA opposed the prayer but could not

dispute the fact that maximum punishment provided under the

offence is three years and in the present matter applicant is in

jail since 14.06.2022 and in other 30 cases, in which, applicant

was wanted, he has either already been acquitted or is on bail.

I have heard learned counsel for the parties and perused the

record of the case.

Applicant applied for bail under Sections 353, 447, 506 IPC,

2/3 Prevention of Damage to Public Property Act and Section

3/7 Criminal Law Amendment Act and maximum punishment

provided for all the offences are three years.

Although, it is alleged that applicant is also wanted in as many

as 30 criminal cases but as per argument advanced by learned

counsel for the applicant in majority of cases he has been either

acquitted or is on bail and out of 30 cases, ten cases relates to

Section 110 Cr.P.C. or Gunda Act, therefore, considering the

contention of learned counsel for the applicant and the fact that

maximum punishment provided in all the offences is three

years, therefore, in my view, it is a fit case to release the

applicant on bail.

In the light of discussions made above, without expressing any

opinion on the merits of the case, the instant bail application is

allowed.

Let the applicant - Gulshan Singh Yadav @ Gulab Yadav be

released on bail in the aforesaid case on furnishing a personal

bond and two sureties each in the like amount to the

satisfaction of the court concerned with the following

conditions:-

(i) The applicant shall appear before the trial court on the dates

fixed, unless his personal presence is exempted.

(ii) 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 or any police officer or tamper with the

evidence.

(iii) The applicant shall not indulge in any criminal and anti-

social activity.

In case of breach of any of the above condition, the prosecution

will be at liberty to move an application before this Court for

cancellation of the bail of the applicant.

Order Date :- 6.1.2023

AK Pandey

Digitally signed by :-

ANUPAM KUMAR PANDEY

High Court of Judicature at Allahabad