Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39942 of 2021 Applicant :- Gulfam Opposite Party :- State of U.P.
Counsel for Applicant :- Mohammad Faisal Khan Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Satish Narayan Mishra, learned counsel holding brief of Shri Mohammad Faisal Khan, learned counsel for the applicant and Sri Rishi Chaddha, learned AGA for the State.
A first information report was lodged as Case Crime No.0342 of 2021 at Police Station-Shamli District-Shamli under Sections 328,363 IPC.
The bail application of the applicant was rejected by learned Sessions Judge,Shamli on 27.08.2021.
The applicant is in jail since 10.08.2021, pursuant to the said F.I.R.
Shri Satish Narayan Mishra, learned counsel holding brief of Shri Mohammad Faisal Khan, 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 statement of the victim under Section 164 Cr.P.C. The victim had not been kidnapped or detained against her will. The applicant does not have criminal history apart from this case. 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 AGA could not satisfactorily dispute the aforesaid submissions from the record. However, learned AGA points out that criminal history of one case being Case No. 543 of 2020 under Section 294 IPC has not been disclosed in the bail application. Rejoining the issue, learned counsel for the applicant contends that the aforesaid case has no bearing on 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-Gulfam involved in Case Crime No.342 of 2021 at Police Station- Kotwali Shamli District-Shamli under Sections 328,363 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 :- 17.12.2021 Nadeem