Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41490 of 2021 Applicant :- Ali Hasan And 2 Others Opposite Party :- State of U.P.
Counsel for Applicant :- Upendra Kumar Pushkar Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Upendra Kumar Pushkar, learned counsel for the applicants and Sri I.P. Srivastava, learned AGA for the State.
A first information report was lodged as Case Crime No.0378 of 2021 at Police Station- Bannadevi District-Aligarh under Sections 307 IPC, Section 5(3) U.P. Law Against Religion Conversion Act, 2020 and Section 2/3 Child Marriage Prohibition Act, 2006.
The bail application of the applicants was rejected by learned Additional Sessions Judge/ Special Judge (POCSO Act), Aligarh on 01.09.2021.
The applicants are in jail since 03.07.2021, pursuant to the said F.I.R.
Shri Upendra Kumar Pushkar, learned counsel for the applicants contends that the applicants have been falsely implicated in the instant case. No one has sustained any injury in the alleged incident. The applicants neither induced nor converted any person to any other religion. The applicants do not have criminal history apart from this case. Lastly it is contended by the learned counsel for applicants that the applicants shall not abscond and will fully cooperate in the criminal law proceedings. The applicants 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 applicants do 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 applicants and hold that the applicants are 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 applicants- Ali Hasan, Zaibun Nisha and Smt. Mubina involved in Case Crime No.378 of 2021 at Police Station-Banna Devi District- Aligarh under Sections 307 IPC, Section 3(5) U.P. Law Against Religion Conversion Act, 2020 and Section 2/10 Child Marriage Prohibition Act, 2006, 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 applicants will not tamper with the evidence during the trial.
2. The applicants will not influence any witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants 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