In considering bail applications, courts should balance the nature of the offense, the evidence against the accused, and the risk of the accused fleeing or tampering with witnesses, while also considering the overcrowding of jails during the pandemic.

Court No. - 75

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37152

of 2021

Applicant :- Jitu @ Jitendra

Opposite Party :- State of U.P.

Counsel for Applicant :- Ramesh Chandra Upadhyay

Counsel for Opposite Party :- G.A.

Hon'ble Mrs. Manju Rani Chauhan,J.

Heard Sri Ramesh Chandra Upadhyay, learned counsel for the

applicant, Sri Mayank Awasthi, learned AGA for the State

through video conferencing and perused the material on record.

The instant bail application has been filed on behalf of the

applicant, Jitu @ Jitendra with a prayer to release them on bail

in Case Crime No. 336 of 2021, under Sections 380, 457, 411

IPC, Police Station- Jagdishpura, District-Agra, during

pendency of trial.

Learned counsel for the applicant submits that the applicant is

innocent and has been falsely implicated in the present case due

to ulterior motive. He further submits that the present FIR has

been lodged by the informant, Smt. Babita Mittal against

unknown persons regarding theft. The applicant is not named in

the first information report. He was arrested in a case crime

no.429 of 2021, under Sections 41, 102, 411, 414 IPC and in

order to show their efficiency, the Police has connected the

applicant in the present case showing recovery of one country

made pistol, two live cartridges, Rs. 11,750/- and one golden

ring from the possession of the applicant. He further submits

that the recovery shown by the Police is false and planted and is

not supported by any independent witness. There is nothing on

record to show the involvement of the applicant in the present

case. He further submits that the Police has falsely implicated

the applicant in the present case as well as several other cases in

order to show their good work only. He further submits that the

applicant has criminal history of 28 cases, which have been

explained in para 12 of the affidavit in support of bail

application stating therein that in all the cases, he has been

enlarged on bail. The applicant is languishing in jail since

13.07.2021. In case, he is released on bail, he will not misuse

the liberty of bail and will cooperate in the trial by all means.

Lastly, it is submitted that there is no chance of applicant

fleeing away from judicial process or tampering with the

witnesses.

Per contra learned A.G.A. has opposed the bail prayer of the

applicant by contending that the innocence of the applicant

cannot be adjudged at pre trial stage, therefore, he do not

deserves any indulgence. In case the applicant is released on

bail they will again indulge in similar activities and will misuse

the liberty of bail.

The 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.

Considering the nature of the offence, provision for initiation of

cases and release the accused, material/evidence brought on

record, complicity of the accused, severity of punishment, the

submissions made by the learned counsel for the parties, as well

as the dictum of Apex Court in the case of Dataram Singh

Versus State of U.P. and another, reported in (2018) 3 SCC 22,

let the applicant involved in aforesaid case crime be released on

bail on his furnishing a personal bond and two local sureties

each of the like amount to the satisfaction of the court

concerned, subject to the following conditions:-

(i) The applicant shall file an undertaking to the effect that he

shall not seek any adjournment on the dates fixed for evidence

when the witnesses are present in court. In case of default of

this condition, it shall be open for the trial court to treat it as

abuse of liberty of bail and pass orders in accordance with law.

(ii) The applicant shall remain present before the trial court on

each d