Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42052 of 2021 Applicant :- Akash Kumar @ Sonu Opposite Party :- State of U.P.
Counsel for Applicant :- Raj Kumar Mishr,Vivek Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Vivek Kumar Mishra, learned counsel for the applicant and learned AGA for the State.
A first information report was lodged against the applicant as Case Crime No. 88 of 2020 at Police Station-Kotwali Shahar, District-Mirzapur under Sections 379, 411, 467, 468, 471 I.P.C.
The bail application of the applicant was rejected by learned Sessions Judge, Mirzapur, on 03.09.2021.
The applicant is in jail since 01.10.2020, pursuant to the said F.I.R.
Shri Vivek Kumar Mishra, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. No recovery has been made from the applicant. The applicant had been arrested in another case in which he has been bailed out. Stolen motorcycle has not been recovered from the applicant. The applicant was implicated in the instant case to show proficiency of police investigators. There is no independent witness or public witness to the alleged recovery. Learned counsel for the applicant has explained the criminal history of the applicant and further contends that applicant has become a soft target for the police authorities who repeatedly nominated him in a number of cases only to burnish their professional credentials. The aforesaid cases have no bearing on the instant case. 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. However, learned AGA does points out that three criminal cases registered as Case Crime No. 344 of 2019, under Sections 379, 411 I.P.C., Case Crime No. 512 of 2020, under Sections 379, 411, 467, 471 I.P.C. and Case Crime No. 688 of 2020 under Sections 379, 411 I.P.C., have not been disclosed in the bail application. Rejoining the issue, learned counsel for the applicant contends that the police authorities have scapegoated the applicant in various cases only to frame him in the aforesaid cases to show proficiency of police investigators. The aforesaid cases have no bearing on the instant case.
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-Akash Kumar @ Sonu involved in Case Crime No. 88 of 2020 at Police Station-Kotwali Shahar, District-Mirzapur under Sections 379, 411, 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 :- 21.12.2021 Dhananjai