Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39793 of 2021 Applicant :- Brijmohan @ Bittu Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Jeetendra Kumar Sharma,Laxmi Dubey Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Jeetendra Kumar Sharma, learned counsel for the applicant and learned AGA for the State.
A first information report was lodged as Case Crime No.12 of 2021 at Police Station-Narwal, District- Kanpur Nagar under Sections 379 I.P.C. and Section 3/4 Explosive Substance Act and Section 15(2) and 16 Petroleum and Mineral Pipelines (Acquisition of Right User in Land) Amendment Act, 2011.
The bail application of the applicant was rejected by learned Additional Sessions Judge, Kanpur Nagar, on 11.08.2021.
The applicant is in jail since 31.05.2021, pursuant to the said F.I.R.
Shri Jeetendra Kumar Sharma, learned counsel for applicant contends that the applicant has been falsely implicated in the instant case. The applicant was not named in the F.I.R. As per the prosecution case, 20 litre petrol, Rs. 150/-, mobile phone and 2 ATM cards were shown to have been recovered from the applicant. The recovered items were planted on the person of the applicant to frame him in the instant case to show proficiency of police investigators. There is no independent witness or public witness to the alleged recovery. Amount recovered from the applicant belongs to him. The applicant is not a beneficiary of any illicit transaction or illegal gain made from the recovered ATM cards. 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 Nafees Ahmad, learned AGA for the State 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-Brijmohan @ Bittu Yadav involved in Case Crime No.12 of 2021 at Police Station-Narwal, District-Kanpur Nagar under Sections 379 I.P.C. and Section 3/4 Explosive Substance Act and Section 15(2) and 16 Petroleum and Mineral Pipelines (Acquisition of Right User in Land) Amendment Act, 2011 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 :- 20.12.2021 Dhananjai