Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44388 of 2021 Applicant :- Amardeep Opposite Party :- State of U.P.
Counsel for Applicant :- Asheesh Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Amarjeet Upadhyaya, learned counsel holding brief of Shri Asheesh Kumar Tiwari, 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.149 of 2021 at Police Station-Mirzapur, District-Saharanpur under Sections 395, 411, 506 IPC.
The bail application of the applicant was rejected by learned Sessions Judge, Saharanpur on 13.09.2021.
The applicant is in jail since 23.07.2021, pursuant to the said F.I.R.
Shri Amarjeet Upadhyaya, learned counsel holding brief of Shri Asheesh Kumar Tiwari, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant was not named in the F.I.R. Rs.1500/- was recovered from the applicant. The said amount belongs to the applicant. The amount was planted on the person of the applicant to frame him in the instant case to show proficiency of police investigators. The recovered amount is not relatable to any crime. Learned counsel for the applicant has explained the criminal history of the applicant and contends that the same has no bearing on the instant case. The co-accused- Kuldeep from whom Rs.15000/- has been recovered, has been granted bail by this Court in judgement rendered on 15.11.2021 in Criminal Misc. Bail Application No.48350 of 2021. The case of the applicant stands on a better footing than the co-accused-Kuldeep. 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. However, he does not contest the criminal history of the applicant as disclosed in the bail application. However, learned AGA points out that criminal history of one case under Section 382 IPC has not been disclosed by the applicant in the bail application.
Rejoining the issue, Shri Amarjeet Upadhyaya, learned counsel holding brief of Shri Asheesh Kumar Tiwari, learned counsel for the applicant contends that the aforesaid case has 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-Amardeep involved in Case Crime No.149 of 2021 at Police Station-Mirzapur, District-Saharanpur under Sections 395, 411, 506 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 :- 23.12.2021 Ashish Tripathi