Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39804 of 2021 Applicant :- Dinesh Prajapati Opposite Party :- State of U.P.
Counsel for Applicant :- Shri Ram (Rawat),Indra Deo Mishra,Pankaj Kumar Tiwari,Rajesh Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Indradev Mishra, learned counsel assisted by Shri Rajesh Pandey, learned counsel for the applicant and learned A.G.A. for the State.
A first information report was lodged as Case Crime No.23 of 2020 at Police Station-Chauri, District- Bhadohi under Sections 419, 420, 406 I.P.C.
The bail application of the applicant was rejected by learned Incharge Sessions Judge, Bhadohi, on 26.08.2021.
The applicant is in jail since 21.08.2021, pursuant to the said F.I.R.
Shri Indradev Mishra, learned counsel assisted by Shri Rajesh Pandey, learned counsel for the applicant could not explain the purchase of debenture in the name of applicant with the money provided by the informant. After some argument, Shri Indradev Mishra, learned counsel assisted by Shri Rajesh Pandey, learned counsel for the applicant (without prejudice to his rights in the trial) undertakes to refund the amount to the informant within a period of three months. There is no other earning member of his family. Without being released on bail, the applicant cannot gather the funds. The applicant be released on bail.
Shri Rishi Chaddha, learned AGA opposed the bail of the applicant.
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.
Without expressing any opinion on the merits of the case and considering the submission advanced by learned counsel for the parties, this Court hold that the applicant is entitled to be enlarged on bail.
Let the applicant-Dinesh Prajapati involved in Case Crime No.23 of 2020 at Police Station-Chauri, District- Bhadohi under Sections 419, 420, 406 I.P.C., 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 shall deposit refund in an interest bearing account to be opened on the directions of the learned Chief Judicial Magistrate, Bhadohi.
2. The learned Chief Judicial Magistrate, Bhadohi, shall direct for release of the aforesaid amount in favour of the informant.
3. In case the aforesaid amount is not deposited within a period of three months from today, the bail of the applicant stand cancelled without recourse to this Court. An order to be passed by the learned Chief Judicial Magistrate, Bhadohi, that the bail condition of deposit of the amount has not been fulfilled and the applicant is liable to be arrested.
4. The applicant will not tamper with the evidence during the trial.
5. The applicant will not influence any witness.
6. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
7. 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