Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41403 of 2021 Applicant :- Dushyant @ Kanha Opposite Party :- State of U.P.
Counsel for Applicant :- Kuldeep Singh Chahar Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Kuldeep Singh Chahar, learned counsel for the applicant and Shri Nafees Ahmad, learned AGA for the State.
A first information report was lodged as Case Crime No.0061 of 2021 at Police Station-Maat District-Mathura under Sections 323, 504, 506 IPC.
The bail application of the applicant was rejected by learned Incharge Sessions Judge, Mathura on 14.06.2021.
The applicant is in jail since 29.04.2021, pursuant to the said F.I.R.
Shri Kuldeep Singh Chahar, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. There are material contradictions in the prosecution case as stated in the FIR and the second statement made by the informant before the I.O. wherein the allegations of loot of certain items have been disclosed. As per the prosecution case a country made pistol, one cartridge, a sum of Rs. 17,500/- and a mobile without battery and a motorcycle have been recovered from the applicant. The money belongs to the applicant. Other items have been planted on the applicant to frame him in the instant case. There is no independent witness to the recovery. Items recovered are not relatable to the offence in this case. Learned counsel for the applicant has explained the criminal history of the applicant and further contend that the applicant has been falsely implicated in a number of cases in close proximity to the instant case and the applicant has become a soft target for the police authorities who repeatedly nominated him in unnamed F.I.Rs. only to burnish their professional credentials. Learned counsel for the applicant contends that the same have no bearing on the instant case.
Learned A.G.A could not satisfactorily dispute the aforesaid submissions from the record. However, he does not contest the criminal history of the applicant as disclosed in the bail application.
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-Dushyant @ Kanha involved in Case Crime No.61 of 2021 at Police Station- Maunt District-Mathura under Sections 395, 412, 506 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 :- 21.12.2021 Nadeem