Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46955 of 2021 Applicant :- Anshu Gupta Opposite Party :- State of U.P.
Counsel for Applicant :- Niklank Kumar Jain Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Niklank Kumar Jain, 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.0520 of 2021 at Police Station-Roza District-Shahjahanpur under Sections 420, 467, 468, 471, 272, 273, 34 IPC and Sections 60(1) and 72 Excise Act.
The bail application of the applicant was rejected by learned Additional Sessions Judge,Shahjahanpur, on 06.10.2021.
The applicant is in jail since 28.08.2021, pursuant to the said F.I.R.
Shri Niklank Kumar Jain, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. As per the prosecution case some liquor bottles and 30 ltrs illicit liquor were recovered from the applicant. The aforesaid substance was planted on the applicant to frame him in the instant case to show proficiency of police investigators. There is no independent witness to the recovery. There is no forensic science laboratory report which confirms that the substance allegedly recovered substance is liquor is noxious to public health. 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 brief holder could not satisfactorily dispute the aforesaid submissions from the record. Learned brief holder 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-Anshu Gupta involved in Case Crime No.520 of 2021 at Police Station-Roja District-Shahjahanpur under Sections 420, 467, 468, 471, 272, 273/ 34 IPC and Sections 60(1) and 72 Excise 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 :- 22.12.2021 Nadeem