Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41240 of 2021 Applicant :- Amir Opposite Party :- State of U.P. Counsel for Applicant :- Azaz Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Azaz Ahmad, learned counsel for the applicant and Shri Nafees Ahmad, learned AGA for the State.
A first information report was lodged as Case Crime No.0147 of 2019 at Police Station- Surajpur District-Gautam Buddh Nagar under Sections 380, 457 IPC.
The bail application of the applicant was rejected by learned Additional Sessions Judge(First), Gautam Buddh Nagar on03.04.2021.
The applicant is in jail since 17.01.2020, pursuant to the said F.I.R.
Shri Azaz Ahmad, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. No recovery was made from the applicant. The applicant was named by the informant on basis of suspicion in the second statement made before the police authority. The said statement was made on 25.02.2019 five days after the lodgement of the FIR. The applicant has not been conclusively identified even by the informant. Explaining the criminal history of the applicant learned counsel for the applicant contends that the applicant has become a soft target and a convenient scapegoat for the police authorities who repeatedly nominated him in a number of cases only to burnish their professional credentials. The aforesaid cases do not reflect any criminal trait of the applicant and have no bearing on the instant 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. However, he does not contest the criminal history of the applicant as disclosed in the bail application.
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-Amir involved in Case Crime No.147 of 2019 at Police Station-Surajpur District-Gautam Buddh Nagar under Sections 380, 457, 120-B, 34 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 :- 21.12.2021 Nadeem