Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35766 of 2021 Applicant :- Amit Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Pradeep Kumar,Kalp Dev Mishra 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 Pradeep Kumar, learned counsel and Sri Kalp Dev Mishra, learned counsel for the applicant and Sri Indra Prakash Srivastava, learned A.G.A. for the State.
A first information report was lodged as Case Crime No.165 of 2021 at Police Station-Rasra, District-Ballia under Sections 363, 366, 368, 120-B IPC.
The bail application of the applicant was rejected by learned Additional Sessions Judge, F.T.C. Court No.2, Ballia on 04.08.2021.
The applicant is in jail since 18.07.2021, pursuant to the said F.I.R.
Shri Pradeep Kumar, learned counsel and Sri Kalp Dev Mishra, learned counsel for the applicant contend that the applicant has been falsely implicated in the instant case. The victim in her statement under Section 164 Cr.P.C. has asserted that she was in a relationship with one Omprakash Rajbhar. She eloped with him on 07.06.2021 of her own volition. She does not want to stay with her parents but with the said Omprakash Rajbhar. The said Omprakash Rajbhar did not force himself upon her nor did he commit any inappropriate act with her. The applicant has not been named by the victim in her statement under Section 164 Cr.P.C. Apart from the instant case, the applicant does not have any criminal history. 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. He, however, does not dispute the fact that the applicant does not have any 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-Amit Kumar involved in Case Crime No.165 of 2021 at Police Station-Rasra, District-Ballia under Sections 363, 366, 368, 120-B 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 :- 22.12.2021 Ashish Tripathi