Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38942 of 2021 Applicant :- Shri Bhagwan Singh And Another Opposite Party :- State of U.P. Counsel for Applicant :- Som Veer Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Ref: Criminal Misc. Amendment Application and Correction Application Heard.
Amendment and correction applications are allowed.
Necessary amendment to be carried out during the course of the day. Necessary correction has been incorporated in the order dated 03.12.2021. Office is also directed to correct the cause title. The correct order shall read as under:
"Heard Shri Som Veer, learned counsel for the applicants and learned AGA for the State.
A first information report was lodged as Case Crime No.524 of 2021 at Police Station-Tajganj, District-Agra under Sections 420, 467, 468, 471 I.P.C. and Sections 60,63,72 of Excise Act.
The bail application of the applicants was rejected by learned Additional Sessions Judge, Agra, on 16.08.2021.
The applicants are in jail since 17.08.2021, pursuant to the said F.I.R.
Shri Som Veer, learned counsel for applicants contends that the applicants have been falsely implicated in the instant case. Illicit liquor was planted on the applicants to frame them in the instant case to show proficiency of police investigators. There is no independent witness or public witness to the alleged recovery. The applicants are driver and conductor respectively of the vehicle which was carrying the illicit liquor. The applicants have no concern with the goods which were being transported in the vehicle. The responsibility for the same rests exclusively with the owner of the vehicle and the owner of the goods who had hired the vehicle. Apart from this case, the applicants do 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 AGA for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not dispute the fact that the applicants do 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 applicants-Shri Bhagwan Singh and Abhishek involved in Case Crime No.524 of 2021 at Police Station-Tajganj, District-Agra under Sections 420, 467, 468, 471 I.P.C. and Sections 60,63,72 of 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 applicants will not tamper with the evidence during the trial.
2. The applicants will not influence any witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants 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