Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50388 of 2021 Applicant :- Gulshan Opposite Party :- State of U.P.
Counsel for Applicant :- Gyan Prakash Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Gyan Prakash Mishra, learned counsel for the applicant and Shri Anupam Anand, learned brief holder for the State.
A first information report was lodged as Case Crime No.1044 of 2021 at Police Station-Khurja Nagar District-Bulandshahar under Section 379 IPC.
The bail application of the applicant was rejected by learned Additional Sessions Judge,Bulandshahar on 27.10.2021.
The applicant is in jail since 16.09.2021, pursuant to the said F.I.R.
Shri Gyan Prakash Mishra, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant was arrested in another case registered as Case Crime No. 1046 of 2021. Recovery of 16 motorcycles was planted on the applicant and other co-accused in the aforesaid case crime. The applicant has been enlarged on bail in the said case. No recovery has been made from the applicant in this case. The applicant has been framed in this case to show the proficiency of police investigators. Explaining the criminal history of the applicant, learned counsel for the applicant contends that the applicant has become a soft target for the police authorities who have 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-Gulshan involved in Case Crime No.1044 of 2021 at Police Station-Khurja Nagar District-Bulandshahar under Section 379, 411 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 Nadeem