Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35662 of 2021 Applicant :- Dharmendra Chamar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ganesh Shanker Srivastava Counsel for Opposite Party :- G.A.,Rajesh Yadav
Hon'ble Ajay Bhanot,J.
Heard Shri Ganesh Shanker Srivastava, learned counsel for the applicant and Sri Vikas Sahai, learned A.G.A. for the State.
A first information report was lodged as Case Crime No.50 of 2021 at Police Station- Dumariyaganj, District-Sidddharth Nagar under Sections 147, 323, 363, 366 IPC and Section 11/12 of the Protection of Children from Sexual Offences Act.
The bail application of the applicant was rejected by learned Additional District and Sessions Judge/Special Judge (POCSO Act), Siddharth Nagar on 02.07.2021.
The applicant is in jail since 28.04.2021, pursuant to the said F.I.R.
Shri Ganesh Shanker Srivastava, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The victim in her statement under Section 164 Cr.P.C. has categorically asserted that she went to the house of Ramgopal of her own volition on account of a dispute in her house. She was upbraided on several occasions by her parents which upset her and caused her to leave the house. No one committed any inappropriate act with her.
Shri Ganesh Shanker Srivastava, learned counsel for the applicant further contends that there is no allegation or evidence that the applicant had forced himself upon the victim or committed any inappropriate sexual act with her. Apart from the instant 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.
Learned A.G.A could not satisfactorily dispute the aforesaid submissions from the record. He, however, does not dispute the fact that the applicant does not have any 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-Dharmendra Chamar involved in Case Crime No.50 of 2021 at Police Station- Dumariyaganj, District-Sidddharth Nagar under Sections 147, 323, 363, 366 IPC and Section 11/12 of the Protection of Children from Sexual Offences 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 Ashish Tripathi