Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49797 of 2021 Applicant :- Amarchand @ Sintoo Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ajay Vikram Yadav,Sunil Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Sunil Kumar 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.0161 of 2017 at Police Station-Balrai District-Etawa under Sections 354(B), 452, 323,506 IPC and Section 7/8 POCSO Act.
The bail application of the applicant was rejected by learned Special Judge (POCSO Act)/Additional District and Sessions Judge, Etawa, on 21.10.2021.
The applicant is in jail since 05.10.2021, pursuant to the said F.I.R.
Shri Sunil Kumar Singh, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The incident happened on 22.03.2017 and the FIR was lodged on 30.05.2017. The FIR was lodged more than 2 months after the incident. The unexplained delay in the FIR shows that the applicant was implicated as an afterthought. Injury report does not corroborate with the case in the FIR. The applicant has been implicated as he is a witness in a criminal case against the niece of the father of the informant. The applicant does not have criminal history apart from this 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.
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-Amarchand @ Sintoo involved in Case Crime No.0161 of 2017 at Police Station- Balrai District-Etawah under Sections 354ka, 452, 323,506 IPC and Section 7/8 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 :- 23.12.2021 Nadeem