Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44501 of 2021 Applicant :- Akash Opposite Party :- State of U.P.
Counsel for Applicant :- Daya Shanker Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Supplementary affidavit filed on behalf of the applicant is taken in the record.
Heard Shri Daya Shankar Pandey, learned counsel for the applicant and Sri Anupam Anand, learned brief holder for the State.
A first information report was lodged as Case Crime No.366 of 2020 at Police Station-Singhawali Ahir, District-Baghpat under Sections 414, 419, 420, 467, 468, 471 IPC.
The bail application of the applicant was rejected by learned Additional Sessions Judge, Court No.5, Baghpat on 08.03.2021.
The applicant is in jail since 04.11.2020, pursuant to the said F.I.R.
Shri Daya Shankar Pandey, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. As per prosecution case, 14 motorcycles were recovered from the three accused persons including the applicant. Six motorcycles were planted on the applicant to frame him in the instant case to show proficiency of police investigators. There is no independent witness to the recovery. Learned counsel for the applicant has explained the criminal history of the applicant and further contends that the applicant has become a soft target and a convenient scapegoat for the police authorities who repeatedly nominated him in various cases only to burnish their professional credentials.
Learned A.G.A could not satisfactorily dispute the aforesaid submissions from the record. However, he does not contest the criminal history of the applicant as disclosed in the supplementary affidavit.
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.366 of 2020 at Police Station-Singhawali Ahir, District-Baghpat under Sections 414, 419, 420, 467, 468, 471 IPC, 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 :- 24.12.2021 Ashish Tripathi