Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41334 of 2021 Applicant :- Chhotelal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar,Manish Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Manoj Kumar, learned counsel for the applicant and Sri I.P. Srivastava, learned AGA for the State.
A first information report was lodged as Case Crime No.0291 of 2021 at Police Station-Kalna District-Shahjahanpur under Sections 363, 366 IPC.
The bail application of the applicant was rejected by learned Special Judge (POSCO Act)/Additional Sessions Judge, Shahjahanpur, on 10.08.2021.
The applicant is in jail since 12.07.2021, pursuant to the said F.I.R.
Shri Manoj Kumar, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant was not named in the FIR. The applicant was also not named by the victim in her statement under Section 161 Cr.P.C. and her initial statement under Section 164 Cr.P.C. There are material contradictions in the statement under Section 164 Cr.P.C and Section 161 Cr.P.C. The applicant does not have criminal history apart from this 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. Learned A.G.A does not dispute the fact that the applicant does not have criminal history apart from this case.
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- Chhotelal involved in Case Crime No.291 of 2021 at Police Station-Kalan District-Shahjahanpur under Sections 368, 363, 366 IPC., and Section 16 and 17 POCSO 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 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 Nadeem