Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45494 of 2021 Applicant :- Anurag Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Kumar Pandey,Archna Singh Jadaun,Sr. Advocate Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Satish Trivedi, learned Senior Counsel assisted by Shri Ajay Kumar Pandey, learned counsel for the applicant and learned AGA for the State.
A first information report was lodged as Case Crime No.190 of 2021 at Police Station-Devgaon District- Azamgarh under Sections 41/412, 413/34 I.P.C.
The bail application of the applicant was rejected by learned Sessions Judge, Azamgarh, on 07.10.2021.
The applicant is in jail since 24.09.2021 pursuant to the said F.I.R.
Shri Satish Trivedi, learned Senior Counsel assisted by Shri Ajay Kumar Pandey, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. As per the prosecution case, DIGI machine was recovered from the possession of two co-accused persons and not the applicant. The applicant was simply traveling in the jeep from which the aforesaid item was recovered. The applicant has no concern with the jeep or the goods being carried therein. Apart from this 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.
Shri I. P. Srivastava, learned A.G.A could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not dispute the fact that the applicant does not have any criminal history.
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- Anurag Singh involved in Case Crime No.190 of 2021 at Police Station-Devgaon District- Azamgarh under Sections 41/412, 413/34 I.P.C. , 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 Dhananjai