Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42247 of 2021 Applicant :- Babbu Raja Opposite Party :- State Of U.P And Aother Counsel for Applicant :- Vijay Singh Sengar Counsel for Opposite Party :- G.A.,Vijay Singh Rathore
Hon'ble Ajay Bhanot,J.
Order on Criminal Misc. Correction Application No. 3 of 2021.
Computer centre is directed to correct the cause title and describe as "Babbu Raja" as the applicant and delete "Babbu Raju".
Heard.
The correction application is allowed.
Necessary correction have been incorporated in the order dated 13.12.2021. The correct order shall be read as under:
"Heard Sri Vijay Singh Sengar, learned counsel for the applicant, Sri Vijay Singh Rathore, learned counsel for the informant and learned AGA for the State.
A first information report was lodged against the applicant as Case Crime No. 108 of 2021 at Police Station- Aata, District Jalaun under Sections 363, 366, 368 IPC and 7/8 Protection of Children from Sexual Offence Act.
The bail application of the applicant was rejected by learned Additional District & Sessions Judge/Special Judge (POCSO) Act, Jalaun at Orai, on 11.08.2021.
The applicant is in jail since 10.06.2021, pursuant to the said F.I.R.
Sri Vijay Singh Sengar, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. Learned counsel for the applicant further contends that the victim died in an accident while she was accompanying the main accused Neetu. The applicant did not have any role in inducing the victim to accompany the main accused. The applicant did not force himself upon the victim nor commit any inappropriate act with her. Apart from this case, the applicant does not have criminal history. Lastly it is submitted by 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.
Sri Nafees Ahmad, learned AGA for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA 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 learned counsel for the applicant and accordingly 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-Babbu Raja be released on bail in Case Crime No. 108 of 2021 at Police Station- Aata, District Jalaun under Sections 363, 366, 368 IPC and 7/8 Protection of Children from Sexual Offence Act, on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make 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 condition, the prosecution shall be at liberty to move bail cancellation application before this Court."
Order Date :- 22.12.2021 Nadeem