2021 (7) TMI 1458 - HC - Indian Laws

Seeking enlargement on bail - Offence under Sections 147, 148, 332, 352, 353, 323, 504, 506 and 307 of I.P.C., read with Section 3(2) 5 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3/4 of Medical Protection Act, and Section 7 Criminal Law Amendment Act - HELD THAT - Considering nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case as well as party from the co-accused, who has already been granted bail, but, without expressing any opinion on merit of the case, a case for grant of bail, during trial, is made out. Let the applicant, Sonu Yadav, involved be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, and subject to fulfilment of conditions imposed - bail application allowed.

Summary

Issues: Bail application under various sections of IPC, SC/ST Act, Medical Protection Act, and Criminal Law Amendment Act.

Paragraph 2: The accused-appellant sought bail in a case involving multiple sections of the Indian Penal Code (IPC), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Medical Protection Act, and Criminal Law Amendment Act. The accused, Sonu Yadav, was involved in Case Crime No. 119 of 2021 and was seeking enlargement on bail.

Paragraph 4: The counsel for the accused-applicant argued that the appeal was filed against the impugned order passed by the Special Judge in Bail Application No. 613 of 2021. The appellant claimed innocence, lack of criminal antecedents, no likelihood of fleeing from justice or tampering with evidence, and being falsely implicated in an incident involving a mob protest. The appellant prayed for bail, citing the bail granted to a co-accused in the same case.

Paragraph 6: After hearing arguments from both sides and reviewing the evidence, the court considered the nature of the accusation, potential punishment upon conviction, supporting evidence, risk of witness tampering, and the bail granted to a co-accused. The court found a case for granting bail during the trial, without expressing an opinion on the case's merits.

Paragraph 8: The bail application was allowed, and the accused, Sonu Yadav, was ordered to be released on bail upon furnishing a personal bond and sureties. The court imposed several conditions, including not tampering with evidence, refraining from criminal activities, cooperating in the trial, appearing regularly in court, and providing a computer-generated copy of the bail order.

Paragraph 9: The court warned that any breach of the imposed conditions would empower the lower court to cancel the bail.