Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49700 of 2021 Applicant :- Atul Sharma @ Manoj Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ajai Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Ajay Kumar, learned counsel for the applicant and Shri Rajesh Mishra, learned brief holder for the State.
A first information report was lodged as Case Crime No.0412 of 2021 at Police Station-Kotwali Nagar District- Etah under Sections 385, 189, 170 IPC.
The bail application of the applicant was rejected by learned Additional Sessions Judge, (Rape and POCSO) on 19.07.2021.
The applicant is in jail since 22.05.2021, pursuant to the said F.I.R.
Shri Ajay Kumar, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The caller one Daya Shankar Singh who had called the jailor has since been arrested. The applicant had nothing to do with said Daya Shankar Singh. The applicant was arrested in another case and was nominated in this case only to burnish the professional credentials of police force. No recovery has been made from the applicant. Learned counsel for the applicant has explained the criminal history of the applicant and further contends that the applicant became a soft target for the police authorities who repeatedly nominate him in a number of cases only to burnish their professional credentials. The aforesaid cases 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-Atul Sharma @ Manoj Kumar involved in Case Crime No.412 of 2021 at Police Station-Kotwali City District-Etah under Sections 385, 189, 170, 420, 467, 468, 471 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 Nadeem