Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37974 of 2021 Applicant :- Guddu @ Anwar Opposite Party :- State of U.P.
Counsel for Applicant :- Rajiv Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Rajiv Kumar Pandey, learned counsel for the applicant and Sri Indra Prakash Srivastava, learned A.G.A. for the State.
A first information report was lodged as Case Crime No.256 of 2021 at Police Station-Civil Lines, District-Aligarh under Section 420 IPC.
The bail application of the applicant was rejected by learned Additional District and Sessions Judge, Court No.5, Aligarh 05.08.2021.
The applicant is in jail since 07.06.2021, pursuant to the said F.I.R.
Shri Rajiv Kumar Pandey, learned counsel for the applicant contends that the applicant has been enlarged on bail in the instant case by the judgement rendered on 20.12.2021 in Criminal Misc. Bail Application No.36611 of 2021. Subsequently, the section 420 IPC was added in the instant case crime. The substance of the allegation against the applicant in the F.I.R. is that the two- wheeler being Activa was recovered from the possession of the three co-accused including the applicant. There is no independent witness to the recovery. Section 420 IPC has been added to falsely aggravate the offence because of the failing prosecution case in the main offence. Prior to 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 prior to the instant 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-Guddu @ Anwar involved in Case Crime No.256 of 2021 at Police Station-Civil Lines, District-Aligarh under Section 420 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 :- 24.12.2021 Ashish Tripathi