Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9678 of 2021 Applicant :- Afak Ahmad Opposite Party :- State of U.P.
Counsel for Applicant :- Vindeshwari Prasad,Deepak Singh Patel,Shadab Ali Counsel for Opposite Party :- G.A.,Raju Singh
Hon'ble Ajay Bhanot,J.
Heard Shri Shadab Ali, learned counsel for the applicant and learned AGA for the State.
A first information report was lodged as Case Crime No.306 of 2017 at Police Station-Mau, District- Chitrakoot under Sections 420, 467, 468, 471 I.P.C.
The bail application of the applicant was rejected by learned Sessions Judge, Chitrakoot, on 22.01.2021.
The applicant is in jail since 20.01.2021, pursuant to the said F.I.R.
Shri Shadab Ali, learned counsel for applicant contends that the applicant has been falsely implicated in the instant case. The instant criminal proceedings arise out of a civil dispute regarding the validity of a sale deed. The applicant is a bonafide purchaser who had executed the sale deed on the foot of identification papers and other title documents produced by the vendor one Rajni Singh. Even if the prosecution case is taken on its face value, it is the applicant who is victim, inasmuch as, he had paid full sale consideration to the vendor Rajni Singh. Apart from this case, the applicant does not have any criminal history. Lastly it is contended by the learned counsel for applicant that the applicant shall not abscond and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.
Shri Nafees Ahmad, learned AGA for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not dispute the fact that the applicant does not have any criminal history.
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.
I see merit in the submissions of the learned counsel for the applicant and hold that the applicant is entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant Afak Ahmad involved in Case Crime No.306 of 2017 at Police Station-Mau, District- Chitrakoot under Sections 420, 467, 468, 471 I.P.C. be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not influence any witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant 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.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 20.12.2021 Dhananjai