Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41290 of 2021 Applicant :- Akash Opposite Party :- State of U.P. and Another Counsel for Applicant :- Birendra Singh,A.K.S.Parihar Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Birendra Singh, learned counsel for the applicant and Shri I.P. Srivastava, learned AGA for the State.
A first information report was lodged as Case Crime No.0196 of 2021 at Police Station- Bahadurgarh District-Hapur under Section377 IPC, and Section 3/ 4(2) POCSO Act.
The bail application of the applicant was rejected by learned Additional District and Sessions Judge/ Special Judge POCSO ACt, Hapur on 26.08.2021.
The applicant is in jail since 28.06.2021, pursuant to the said F.I.R.
Shri Birendra Singh, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The FIR was lodged 7-8 days after the incident. No specific date of the incident has been disclosed in the FIR. The unexplained delay and the vagueness of the date of occurrence shows that the FIR is an afterthought. There is no medical report to evidence any physical assault. The applicant does not have criminal history apart from this case. Learned counsel for the applicant claims congruency in role with co-accused persons, namely, Shivam and Lavish and seeks parity in relief granted to the said co-accused namely, Shivam and Lavish who have been granted bail by learned court below on 05.10.2021 and 05.10.2021 in Criminal Appeal Application No. 33 of 2021 and Criminal Appeal Application No. 32 of 2021 respectively. 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.
Learned A.G.A could not satisfactorily dispute the aforesaid submissions from the record. Learned A.G.A does not dispute the fact that the applicant does not have criminal history apart from this 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 involved in Case Crime No.196 of 2021 at Police Station-Bahadurgarh District-Hapur under Section377 IPC, and Section 5G, 5M/6 POCSO Act, 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 Nadeem