Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36297 of 2021 Applicant :- Dipu@ Sumit Babu Opposite Party :- State of U.P.
Counsel for Applicant :- Shailendra Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Counter affidavit filed by the State is taken in the record.
Heard Shri Shailendra Kumar Pandey, learned counsel for the applicant and Sri Rishi Chaddha, learned A.G.A. for the State.
A first information report was lodged as Case Crime No.53 of 2021 at Police Station-Vishungarh, District-Kannauj under Section 307 IPC.
The bail application of the applicant was rejected by learned Sessions Judge, Kannauj on 15.07.2021. The applicant is in jail since 07.07.2021, pursuant to the said F.I.R.
Shri Shailendra Kumar Pandey, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant is a serviceman. He is a Naib Subedar in the Indian Army. The applicant had come to home on his annual leave and was falsely implicated on account of political rivalry in the different village factions. No life threatening injury on any vital part of the body of the injured has been inflicted in the incident. The statement of the informant as regards the role of the applicant is not credible on its face.
The injury was sustained on the back. The applicant could not have recognized the assailant who allegedly fired the shot with his back to the latter. 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-Dipu @ Sumit Babu involved in Case Crime No.53 of 2021 at Police Station- Vishungarh, District-Kannauj under Section 307 IPC, 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/Ashish Tripathi